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작성자 Augustus Smallw…
댓글 0건 조회 28회 작성일 24-06-25 14:57

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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 exploited by attorneys who use their benefits as a source of cash. This is why you should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier collision has won a major victory. However, it comes with a substantial 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, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to pay him back for benefits it has deprived him of and to amend its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

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

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

The lawsuit seeks monetary damages and also asks the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from family members and creditors including alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding road.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. If you are considering appealing an agency decision, it's important to appeal as soon as you can. A lawyer with experience in appeals for veterans disability can help ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A licensed lawyer is able to examine the evidence used to back your claim and provide new and additional evidence should it be required. A lawyer who knows the challenges faced by the VA can be more understanding of your situation. This can be a huge benefit in your appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency has not correctly defined their condition. A skilled attorney can make sure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your condition. A medical expert could, for instance, be able prove that your pain is caused by your service-related injury and that it is debilitating. They may also be able to help you obtain the medical records required to prove your claim.