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작성자 Chance 작성일24-06-26 15:52 조회4회 댓글0건

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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 targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won a major victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. 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 documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, home life work, education, and employment. He demands that the agency pay him back for benefits it has deprived him of and to alter its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

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

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit is seeking monetary damages and also to orally order the VA to review systems-wide PTSD bias. This is the latest initiative 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 survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need truthful information about the benefits for veterans and their effect on money issues in divorce. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but later he received a discharge that was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than 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, this racial discrimination was systemic and widespread. It claims that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. It is essential to appeal a decision as quickly as you can. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A qualified lawyer can review the evidence used to support your claim, and when necessary, submit additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA and could increase the level of empathy for the situation. This could be a great advantage in your appeals.

One of the main reasons a veteran's disability claim is denied is due to the agency hasn't properly characterized their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your situation. For instance, a medical expert might be able prove that the pain you experience is a result of your service-connected injury and that it is disabling. They could be able to assist you in getting the medical evidence you need to support your claim.

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