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작성자 Sonia Lipscomb
댓글 0건 조회 116회 작성일 24-06-16 02:05

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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a substantial 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 that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. He is requesting that the VA pay him back for benefits that it has taken him out of and to change its policies on race, discharge status and 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. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving the most painful memories with each application for benefits.

The lawsuit seeks financial damages and asks the court to order the VA to examine its systemic PTSD discrimination. 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 sexual assault survivors.

Alimony Discrimination

The veterans disability lawyers who were in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding path.

He was denied benefits at a much higher rate than white counterparts. The discrimination was racial and widespread, 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 suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

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 an agency decision, it's important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A licensed lawyer can examine the evidence used to back your claim and provide new and additional evidence if necessary. A lawyer also knows the challenges of dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a significant benefit to your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. An experienced attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A qualified attorney will be able to work with medical experts to provide additional evidence of your situation. A medical professional, for example, may be able to prove that your pain is caused by your service-related injury and that it is debilitating. They might assist you get the medical records that are needed to support your claim.