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Debbra 24-06-16 01:18 view223 Comment0

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veterans disability lawsuits (www.mecosys.com) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is why you need 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 linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a huge price tag.

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 much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He wants the VA to reimburse him for the benefits that it has denied him and to amend their policies regarding 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 data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than honourable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatic memories through each application and re-application, the suit says.

The lawsuit seeks financial compensation, and wants the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, however the discharge he received was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. If you're considering appealing the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.

A competent lawyer will review the evidence that supports your claim, and if necessary, submit additional evidence. A lawyer also knows the challenges of dealing with the VA and can increase the level of understanding for your situation. This can be an important advantage in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will also be able to collaborate with medical experts to provide additional proof of your condition. A medical expert could, for instance, be able to prove that your pain is due to your service-related injury and that it is in a way limiting. They may also be able assist you in getting the medical records you require to prove your claim.

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