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작성자 Hayden Nave
댓글 0건 조회 117회 작성일 24-06-18 19:30

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life, employment, and education. Monk wants the VA to compensate him for benefits he has been deprived of, and to modify its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data 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 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is 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 denied claims made by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatizing memories through each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial compensation and seeks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts are able to take away veterans disability attorneys' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members, except for child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but he received a discharge that was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other Veterans Disability attorney like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as soon as you are able. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal is compliant with all requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence that supports your claim, and should it be necessary, present additional and more convincing evidence. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of empathy for your circumstance. This can be a significant asset in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional proof of your health condition. For example, a medical expert might be able demonstrate that the pain you suffer is related to your service-connected injury and that it is disabling. They might also be able to assist you get the medical records required to support your claim.