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작성자 Milla
댓글 0건 조회 77회 작성일 24-06-16 14:08

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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has a huge victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. Monk wants the VA to reimburse him for benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans disability lawsuit were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered emotional harm as he relived some of his most traumatizing memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and also asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who are their companions deserve honest answers about veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by creditors and family members including child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but he received a discharge that was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawsuit Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with to a decision of the agency. If you are considering appealing an agency decision, it's essential to do so as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.

A qualified lawyer can review the evidence used to prove your claim, and if needed, provide additional evidence. A lawyer who knows the VA's challenges can be more understanding of your circumstances. This can be an important benefit to your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A reputable lawyer will also be able to consult with medical professionals to provide additional proof of your condition. For instance, a medical expert may be able to show that the pain you suffer is related to your service-connected injury and that it is causing you to be disabled. They might also be able to help you obtain the medical records that are required to support your claim.

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