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댓글 0건 조회 94회 작성일 2024-08-09 12:00
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to make profits often make use of their benefits. You need an attorney who is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater 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 who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. Monk wants the VA to reimburse him for benefits he has been deprived of and to change its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information 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 as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans disability lawyer between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered emotional damage from having to relive the most traumatic memories through each application and re-application, the suit claims.

The lawsuit seeks financial damages and also to orally order the VA to review systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was not honorable as there were two battles because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and winding road.

He was denied benefits at the rate of significantly more than his white peers. The discrimination was racial and widespread, according to the lawsuit filed on his behalf 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 did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans disability law firm similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A lawyer with experience can look over the evidence to support your claim and, if necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This can be an important asset in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able prove that the pain you are experiencing is a result of your service-related injury and is causing you to be disabled. They might also be able to help you obtain the medical records that are required to prove your claim.

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