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Author Tonia 작성일24-06-29 15:38 Views2

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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 victimized by lawyers who use their benefits as a way to earn money. This is the reason you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He demands that the agency repay him for the benefits he was deprived of and to amend its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans disability attorney.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and asks the court to require the VA to review the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them deserve honest answers about the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims made by family members and creditors with the exception of child support and alimony.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his work, but he was later awarded a less than honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. 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 asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A lawyer who is qualified can review the evidence that was used to prove your claim and then submit new and additional evidence if necessary. The lawyer will also understand the difficulties involved in dealing with the VA and could create a higher level of empathy for the situation. This can be a significant advantage in your appeals.

One of the most common reasons a veteran's disability claim is denied is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A lawyer who is qualified will be able to collaborate with medical experts to provide additional evidence of your medical condition. For example medical experts may be able to show that the pain you are experiencing is related to your service-connected injury and that it is causing you to be disabled. They might be able assist you in obtaining the medical records needed to support your claim.

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