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댓글 0건 조회 50회 작성일 2024-08-09 12:22
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is why you require a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed a number of people has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of veterans disability attorneys 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 more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives, employment, and education. He demands that the agency pay him back for benefits that it has taken him out of and to amend its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge 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 stop the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and asks the court to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the most common myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims by creditors and family members in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but the discharge he received was less than honorable because he had two fights because of a post-traumatic stress disorder. The fight to get 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. This racial discrimination was systemic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It 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.

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're considering appealing a decision, it is 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 lawyer who is qualified can examine the evidence used to justify your claim and present additional evidence and documentation in the event of need. The lawyer will also understand the difficulties of dealing with the VA and could create a higher level of empathy for your situation. This could be a great advantage during your appeals procedure.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will also be able work with medical experts to provide additional proof of your medical condition. For example, a medical expert might be able prove that the pain you experience is a result of your service-connected injury and is disabling. They may be able to assist you in getting the medical evidence you need to prove your claim.

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