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작성자 Faye
댓글 0건 조회 12회 작성일 24-06-21 17:59

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to earn money frequently use their benefits. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets, to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency repay him for the benefits that it has taken him out of and to alter its policies regarding race discharge status, 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honorable. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and asks the court to direct 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 pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans disability attorney (aragaon.net) who have served our nation in uniform and those who accompany them require truthful information about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members in the case of child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing an appeal, it's important to appeal as soon as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal meets all requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer who knows the challenges of the VA will be more sympathetic to your situation. This can be an important advantage in your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't properly classified their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A qualified attorney will be able work with medical experts to provide additional proof of your situation. For example an expert in medicine could be able to prove that the pain you experience is a result of your service-related injury and that it is causing you to be disabled. They may also be able to help you obtain the medical records that are required to support your claim.

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