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댓글 0건 조회 42회 작성일 24-06-07 05:25

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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 taken advantage of by lawyers who use their benefits to make a profit. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. 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 greater rate than white veterans over 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 at the hands of VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. Monk wants the VA to pay him back for benefits he has been deprived of and to alter its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed 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 percent higher for black veterans than it was for veterans disability attorney white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked 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 who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional trauma from reliving the most traumatic memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks damages in the form of money and asks the court to order the VA to review 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

People who have served their country in uniform or those who accompany them require truthful answers regarding the benefits for Veterans disability attorney and their impact on money issues in divorce. One of the most common myths is that veterans disability lawsuit may have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors including child support and alimony.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. 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 discrimination against blacks was systematic and widespread. It alleges that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

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. It is crucial to appeal a decision as soon as you can. 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 additional evidence, if necessary. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This can be an invaluable advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will be able work with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able prove that your pain is a result of your service-related injury, and is debilitating. They may assist you obtain the medical records that are required to support your claim.

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