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    작성자 Margene Shuler
    댓글 0건 조회 42회 작성일 24-08-07 09:11

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    veterans disability lawyers Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

    Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. This is why you should hire an attorney with the right qualifications to handle VA claims.

    A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier crash which killed dozens has a huge victory. However, it comes with the cost of.

    Class Action Settlement

    According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much 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. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

    Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, home life, employment, and education. Monk wants the VA to compensate him for benefits he has been deprived of and to change 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 information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans disability attorneys.

    PTSD Discrimination

    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 a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.

    Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. 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 revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional trauma from reliving the most traumatic memories in each application and re-application to receive benefits, the suit claims.

    The lawsuit is seeking monetary damages and asks the court to decide to require the VA to review systemic PTSD bias. The lawsuit is the latest attempt by groups such as 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

    Those who served in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by family members and creditors including alimony and child support.

    Conley Monk accepted a call 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 several medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and winding road.

    He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA knew about and failed to take action to end 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 when an applicant disagrees with to a decision of the agency. It is crucial to appeal a decision as swiftly as you are able. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal is compliant with all requirements and you are given a fair hearing.

    A licensed lawyer can examine the evidence that was used to back your claim and provide additional evidence in the event of need. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This could be a great benefit in your appeals.

    A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you need. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your condition. For example an expert in medicine might be able prove that the pain you suffer is due to your service-related injury and that it is causing impairment. They might also be able to assist you obtain the medical records needed to support your claim.

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