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Author Tanja 작성일24-06-06 03:56 Views3

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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 as a cash cow. This is why you require an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won an important victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans disability Lawsuit Affairs discriminates against Black veterans in denying their disability claims at a rate which 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 much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency compensate him for benefits that it has taken him out of and to alter its policies regarding race as well as 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 through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and Veterans Disability Lawsuit 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. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously denied claims made by Black veterans disability lawyers in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than an honorable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who are their companions deserve honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but was discharged that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and difficult road.

He was denied access at a rate significantly higher 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an equitable hearing.

A qualified lawyer can review the evidence used to prove your claim, and if needed, provide new and additional proof. A lawyer also knows the challenges involved in dealing with the VA and this could result in a greater degree of empathy for your situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, which will allow you to get the benefits you require. An experienced attorney will be able to work with medical experts to provide additional evidence of your medical condition. A medical professional, for example, may be able to prove that the pain you are experiencing is due to your service-related injury, and is debilitating. They might also be able help you get the medical records that are needed to support your claim.

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