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작성자 Emilie 댓글 0건 조회 10회 작성일 24-08-10 09:54

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly air carrier collision has won an important victory. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School veterans disability lawyer Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He is requesting that the VA compensate him for benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National veterans disability lawyer Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatizing memories with each application and re-application, the suit says.

The lawsuit seeks monetary damages and wants the court orally order the VA to examine the systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims brought by creditors and family members in the case of alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're considering appealing a decision, it is essential to do so as soon as you can. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A licensed lawyer can review the evidence used to prove your claim and then submit new and additional evidence in the event of need. A lawyer who is familiar with the VA's challenges can be more sympathetic to your situation. This can be a significant benefit to your appeals.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your medical condition. For example, a medical expert could be able to prove that the pain you feel is a result of your service-connected injury and is causing impairment. They may also be able help you get the medical records required to support your claim.

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