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Lashawnda 24-06-16 02:35 view195 Comment0

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

Veterans Disability Lawsuit with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans disability lawyers in 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. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. Monk wants the VA to compensate him for the benefits they have denied him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans disability lawyers from 2001 until 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial damages and wants the court decide to require 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 pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans against claims from creditors and family members, except for child support and alimony.

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 combat zones. He was awarded numerous medals, but was discharged that was not a prestigious one because the two battles he endured were because of a post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than his white peers. This discrimination against Blacks was systematic and pervasive, according 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 did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees a decision made by the agency. If you are considering appealing an appeal, it's crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an equitable hearing.

A licensed lawyer can examine the evidence to support your claim, and if necessary, submit new and additional evidence. A lawyer also knows the challenges of dealing with the VA and could increase the level of empathy for the situation. This could be a great asset in your appeals process.

One of the most common reasons a veteran's disability claim is denied is due to the agency hasn't properly described their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your situation. A medical expert, for example, may be able to demonstrate that your pain is a result of the injury you sustained while working and is in a way limiting. They might also be able help you get the medical records that are required to support your claim.

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