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작성자 Marlys Gorman 댓글 0건 조회 14회 작성일 24-07-01 00:50

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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 deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by 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 documents obtained by Monk as well as 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 disability law firm over the last three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He wants the VA to reimburse him for benefits that it has denied him and to amend their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday that 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, education, and other 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 rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort 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

People who have served in the military or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

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 the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A qualified lawyer can examine the evidence used to back your claim and provide new and additional evidence if necessary. A lawyer will also know the challenges involved in dealing with the VA and can increase the level of understanding for your situation. This could be a valuable advantage in the appeals process.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your situation. For instance medical experts might be able demonstrate that the pain you suffer is due to your service-related injury and that it is disabling. They may also be able assist you in obtaining the medical records needed to support your claim.

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