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작성자 Mammie 댓글 0건 조회 2회 작성일 24-08-06 09:04

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

Attorneys who profit from disabled veterans to earn money often use their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed a number of people has a huge victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to pay him back the benefits that it has denied him and to amend their policies on race, discharge status, and denial rates.

In the past 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 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was less than acceptable. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt 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

The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on his behalf by the National veterans disability lawyer Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you're considering appealing a decision, it is crucial to file an appeal as soon as you can. An experienced lawyer in veteran disability appeals will help you ensure that your appeal meets all requirements and ensure that it is heard in a fair manner.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit additional evidence, if necessary. A lawyer also knows the challenges of dealing with the VA and can lead to a greater level of empathy for the situation. This can be an important advantage in your appeals.

One of the most common reasons a veteran's disability claim is rejected is because the agency has not correctly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical specialists to provide additional evidence of your situation. For example an expert in medicine might be able prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They might also be able help you get the medical records required to prove your claim.

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