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작성자 Dianne 작성일24-08-07 19:14

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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing 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. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He wants the VA to pay him back the benefits it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an active volunteer during the 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 fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving the most painful memories with each application for benefits.

The lawsuit seeks financial compensation and seeks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied those who served in the military, need to know the truth about veterans disability attorney disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

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 thinking of appealing an agency decision, it's essential to do so as soon as possible. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal is in line with all requirements and you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to support your claim and submit additional evidence in the event of need. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be a valuable advantage in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your health condition. For example an expert in medical practice could be able to prove that the pain you suffer is a result of your service-related injury and is causing disability. They may be able to assist you in getting the medical evidence you need to prove your claim.
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