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작성자 Winona
댓글 0건 조회 3회 작성일 24-06-17 02:39

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veterans disability lawsuits [look at more info] - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from veterans disability attorney with disabilities to make profits often make use of their benefits. This is why you should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. However, it comes with a significant 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 the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent 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 retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to compensate him for the benefits that it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Last 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. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed 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 as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and asks the court to decide to require the VA to examine its the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them require honest answers regarding the benefits for veterans and their effect on money issues in divorce. 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 isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans against claims from creditors and family members, except for alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, however he received a discharge that was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and arduous road.

He was denied services at a rate significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

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 essential to appeal a decision as soon as you are able. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal is compliant with all requirements and you are given a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to support your claim and submit additional evidence, when needed. The lawyer will also understand the difficulties of dealing with the VA, and this can create a higher level of empathy for the situation. This can be a huge advantage during your appeals procedure.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will also be able to consult with medical professionals to provide additional evidence of your medical condition. A medical professional, for example, may be able to prove that your pain is a result of your service-related injury and that it is disabled. They may also be able help you obtain the medical records required to prove your claim.

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