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작성자 Tonja Schreiber
조회 2회 작성일 24-06-01 20:24

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (pre.zunft.li)

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You need an attorney that is licensed to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans disability lawyer. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Veterans Disability Lawsuits Monk claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He is requesting that the VA pay him back the benefits it has denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which 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 application for disability than white veterans disability attorneys between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination in PTSD

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

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or Veterans Disability Lawsuits tuition aid as well as other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and seeks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and 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 filed 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 but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. It is important to appeal a decision as quickly as you can. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A lawyer with experience can look over the evidence used to support your claim, and when necessary, submit additional evidence. A lawyer also knows the difficulties involved in dealing with the VA and this could create a higher level of empathy for the situation. This could be a great asset in your appeals process.

One of the main reasons a veteran's disability claim is denied is because the agency has not properly classified their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your situation. A medical expert is one example. They may be able prove that the pain you are experiencing is due to your service-related injury, and is disabling. They might assist you obtain the medical records required to support your claim.

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