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Jeramy 24-06-20 15:54 view175 Comment0

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

Attorneys who profit from disabled veterans to make money often rely on their benefits. This is why you should hire an attorney who 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 fatal aircraft carrier crash has clinched a major victory. But it comes at 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 in a manner that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans disability attorneys over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He demands that the agency reimburse him for benefits that it has taken him out of and to amend its 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 via a Freedom of Information Act request that they made 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 receive an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. He was later involved in 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 getting home loans, tuition aid and other benefits.

He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. He also suffered emotional harm as he relived some of his most painful memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages, and wants the court to direct the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but then his discharge was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at a much higher rate than white peers. This racial discrimination was systemic and widespread, as per 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. The lawsuit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. If you're considering appealing the decision, it is crucial to file an appeal as soon as you can. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal complies with all the requirements and it receives a fair hearing.

A competent lawyer will review the evidence to support your claim and, when necessary, submit new and additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This could be a great asset in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly classified their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A qualified attorney will be able work with medical experts to provide additional proof of your health condition. For example medical experts might be able prove that the pain you feel is a result of your service-connected injury and is causing you to be disabled. They may assist you obtain the medical records required to prove your claim.

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