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작성자 Williemae
댓글 0건 조회 26회 작성일 24-05-14 07:15

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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 exploited by attorneys who use their benefits as a source of cash. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash which killed dozens has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records 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 last three decades.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He would like the VA to pay him back the benefits it has not provided him and to amend their policies on race and discharge status as well as denial rates.

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

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have denied claims made by Black veterans disability law firms in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation and also asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his work, but he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult path.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Veterans disability Lawsuits Legal Redress at Yale Law School and the veterans disability attorneys Legal Services Clinic, this racial discrimination was systemic and widespread. The suit 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 other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. If you're thinking of appealing the decision, it is essential to do so in the earliest time possible. An experienced lawyer in veteran disability appeals will help you ensure that your appeal is in line with all requirements and ensure that you are given a fair hearing.

A licensed lawyer will be able to review the evidence used to justify your claim and present additional evidence in the event of need. A lawyer who understands the VA's issues can be more sympathetic to your situation. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able prove that your pain is caused by the injury you sustained while working and is disabling. They might be able assist you in getting the medical records you require to support your claim.

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