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  • The Reason You Shouldn't Think About The Need To Improve Your Veterans…

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    글쓴이 : Janelle
    등록일 : 24-04-26 07:08       조회 : 7

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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 source of cash. This is why you should hire a attorney who is accredited to manage 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. However, it comes at cost.

    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 that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, lindenhurst veterans disability Law firm is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

    Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA repay him for the benefits that it has taken him out of and to amend its policies regarding race discharge status, discharge status and denial rates.

    Monk and the valley stream veterans disability lawyer Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

    Discrimination based on PTSD

    According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black portland veterans disability law firm. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

    Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

    He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.

    The lawsuit is seeking monetary damages and also to orally order the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

    Alimony Discrimination

    Those who have served our nation in uniform and those who accompany them require honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation against claims from family members and creditors with the exception of alimony and child support.

    Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but then was discharged that was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

    He was denied benefits at a greater rate than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

    Appeals

    The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you are able. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is compliant with all requirements and ensure that it is heard in a fair manner.

    A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstances. This can be an invaluable advantage during your appeals procedure.

    A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A lawyer who is qualified will be able of working with medical specialists to provide additional evidence of your medical condition. For example medical experts might be able demonstrate that the pain you feel is due to your service-related injury and is causing impairment. They might assist you obtain the medical records that are required to prove your claim.

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