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This Week's Most Popular Stories Concerning Veterans Disability Attorn…

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Rosella 24-06-20 15:54 view180 Comment0

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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. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed dozens of people has been awarded a significant victory. But it comes with cost.

Class Action Settlement

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

Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to pay him back the benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.

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

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not an honorable. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and also to decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them require honest answers regarding veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who volunteered 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 several medals for his service, however he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. The discrimination was racial and pervasive, according to the lawsuit brought 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 but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

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're thinking of appealing an agency decision, it's essential to do so as soon as possible. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal complies with all the requirements and you are given a fair hearing.

A competent lawyer will review the evidence to support your claim and, when necessary, submit additional evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and could lead to a greater level of understanding for your situation. This could be a great benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your health condition. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might be able assist you in getting the medical records you require to support your claim.

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