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작성자Cristine 조회 6회 작성일 24-06-14 03:05

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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 frequently use their benefits. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier which killed dozens has won a significant victory. However, it comes with a huge cost.

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 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 greater rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School veterans disability lawyer Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. Monk wants the VA to compensate him for benefits it has deprived him of, and to modify its policies on race, discharge status and denial rates.

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

Discrimination based on PTSD

The Veterans Disability Lawsuit Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and also to orally order the VA to review systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors other than 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, but later he received a discharge that was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied access at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as possible. A lawyer with experience in appeals for disabled veterans can assist you in ensuring that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, if needed, provide new and additional proof. A lawyer who knows the VA's challenges can be more sympathetic to your circumstances. This can be a significant benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able to work with medical experts to provide additional proof of your medical condition. A medical professional is one example. They may be able to demonstrate that your pain is caused by your service-related 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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