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작성자 Natalie 댓글 0건 조회 17회 작성일 24-06-23 00:25

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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 way to earn money. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that killed dozens of people has a huge victory. However, it comes with cost.

Class Action Settlement

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

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, as well as others of 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 reimburse him for benefits it has not provided him, and to alter 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 information through 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 be granted an appeal 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 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 access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He sued the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm as he relived some of his most traumatic memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and asks the court to orally order the VA to examine its systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a much greater rate than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorney Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans 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 a decision, it is crucial to file an appeal as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an impartial hearing.

A lawyer who is qualified will be able to review the evidence that was used to support your claim and submit new and additional evidence in the event of need. A lawyer who is familiar with the VA's challenges can be more sympathetic to your situation. This can be an invaluable advantage during your appeals procedure.

One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't properly described their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your medical condition. A medical expert, for example, may be able to prove that your pain is due to your service-related injury and is debilitating. They might also be able to assist you get the medical records that are needed to support your claim.

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