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작성자 Quincy 조회 3회 작성일 24-06-28 08:12
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전시명 Ten Things You Need To Be Aware Of Veterans Disability Attorney
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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 source of cash. This is why you require an attorney who is licensed to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which 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. He claims that VA has denied his disability claims at a much higher rate than those of white seven hills veterans disability lawyer in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He would like the VA to reimburse him for the benefits that it has denied him, and to modify their policies on race and discharge status as well as 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 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories through each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like 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

People who have served in the military or who accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National Monroe Veterans Disability Lawsuit (Vimeo.Com) Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

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 a decision, it is essential to do so immediately. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is in line with all requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present additional and more convincing evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could result in a greater degree of empathy for the situation. This could be a great benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your health condition. For example, a medical expert might be able demonstrate that the pain you are experiencing is due to your service-related injury and is causing disability. They might also be able help you get the medical records that are required to support your claim.


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