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작성자 Sarah 댓글 0건 조회 7회 작성일 24-06-27 23:57

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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 licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. However, it comes with a huge price tag.

Class Action Settlement

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

Monk, who is 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, home as well as their education, employment and home. He wants the agency to compensate him for benefits he was deprived of and to change its policies on race as well as discharge status and 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. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional damage by reliving the most painful memories with each and every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to look into systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by creditors and family members with the exception of child support and alimony.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops 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 getting into two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at the rate of significantly more than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing an appeal, it's important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A competent lawyer will review the evidence to support your claim, and if needed, provide new and additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstances. This could be a valuable asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your medical condition. For example medical experts might be able prove that the pain you suffer is related to your service-connected injury and is causing impairment. They may also be able assist you in getting the medical evidence you need to prove your claim.

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