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Indiana | 24-06-08 09:15 | 조회수 : 43
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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is why you require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed 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. According to records obtained by Monk as well as 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 over the last three decades.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black livingston veterans disability lawsuit to be affected in ways that have impacted their health, home as well as their education, employment and home. He wants the VA to reimburse him for the benefits it has denied him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

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

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims brought by family members and creditors with the exception of alimony and Vimeo.Com child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, but was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. If you are considering appealing a decision, it is important to appeal immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an impartial hearing.

A lawyer who is qualified can examine the evidence used to support your claim and submit additional evidence when needed. The lawyer will also understand the difficulties involved in dealing with the VA and can increase the level of empathy for the situation. This could be a valuable advantage in the appeals process.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency has not correctly defined their condition. An experienced attorney can make sure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will be able of working with medical experts to provide additional proof of your condition. A medical professional is one example. They may be able prove that your pain is a result of the injury you sustained while working and is disabling. They could be able to assist you in getting the medical evidence you need to prove your claim.

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