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작성자 Dale Shanahan
댓글 0건 조회 29회 작성일 24-06-03 07:04

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes with a significant price tag.

Class Action Settlement

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

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA pay him back the benefits it has not provided him and to change their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered emotional trauma from reliving the most traumatic memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and seeks to have the court orally order the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them need honest answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but then was discharged that was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied access at an rate that was much higher than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing a decision, it is important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, when necessary, submit new and additional proof. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstances. This can be an important benefit in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly defined their condition. A lawyer with experience will ensure that your condition is properly categorized and veterans disability attorney rated, allowing you to get the benefits you need. A reputable lawyer will also be able to collaborate with medical experts to provide additional evidence of your medical condition. For example an expert in medicine may be able to show that the pain you experience is related to your service-connected injury and is causing impairment. They could be able to assist you in getting the medical evidence you need to prove your claim.

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