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작성자 Keira Dundas 작성일 24-06-27 02:18 조회 6 댓글 0

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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 victimized by lawyers who use their benefits as a way to earn money. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to compensate him for the benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to rescind 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. He also suffered emotional damage from having to relive some of his most traumatizing memories in each application and re-application, the suit says.

The lawsuit seeks damages in the form of money and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve honest answers about veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but later the discharge he received was not honorable as there were two battles because of a post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding route.

He was denied at an amount that was significantly higher than white people. This discrimination against blacks was widespread and widespread, according to the lawsuit filed on his behalf by the National veterans disability attorneys Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's important to appeal as soon as possible. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal is compliant with all the requirements and that you are given a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, if necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This could be a valuable advantage during your appeals procedure.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly described their condition. A skilled attorney can make sure that your condition is properly classified and rated, which will allow you to get the benefits you require. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your situation. For example an expert in medical practice may be able to show that the pain you are experiencing is due to your service-related injury and that it is causing impairment. They may also be able help you get the medical records that are needed to support your claim.

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