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작성자 Jeffrey
댓글 0건 조회 22회 작성일 24-06-25 16:26

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veterans disability lawyer disability lawsuits (via Mireene) - 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 should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has won an important victory. However, it comes with a huge cost.

Class Action Settlement

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

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He is requesting that the VA reimburse him for benefits that it has denied him and to change their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive 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 is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honourable. The "bad paper" kept him from obtaining the home loan, tuition assistance 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 owes him money for the denials he received in the past of disability compensation. He also suffered emotional harm as he relived the most traumatic memories through each application and re-application, the suit states.

The lawsuit seeks financial compensation and also asks the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from creditors and family members, except for alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He received several medals for his service, but was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

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 are considering appealing a decision, it is important to appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all the requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence used to support your claim and submit additional evidence when needed. A lawyer who understands the VA's challenges can be more understanding of your circumstances. This could be a great benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A lawyer who is qualified will be able to work with medical specialists to provide additional evidence of your medical condition. A medical expert for instance, might be able to prove that your pain is a result of your service-related injury, and is in a way limiting. They could be able to assist you in obtaining the medical records needed to support your claim.

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