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작성자 Kristal
댓글 0건 조회 2회 작성일 24-06-27 18:12

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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 taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won an important victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in 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. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He wants the agency to pay him back for benefits he has been deprived of and to alter 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 through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans disability attorney were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims filed by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered severe emotional trauma from reliving the most traumatic memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who are their companions deserve honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members 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-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, however the discharge he received was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long, winding road.

He was denied benefits at a much 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 discrimination against blacks was systematic and widespread. It claims that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal meets all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and then submit additional evidence and documentation in the event of need. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This could be a great advantage in your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you the benefits you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical expert could, for instance, be able show that the pain you are experiencing is due to your service-related injury and is in a way limiting. They may also be able assist you in getting the medical records required to prove your claim.

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