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Philipp 24-06-03 01:16 view494 Comment0

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

Attorneys who exploit disabled veterans to make money frequently use their benefits. This is why you should hire a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. But it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

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, homes as well as their education, employment and home. He demands that the agency reimburse him for benefits that it has taken him out of, and to modify its policies on race, discharge status and denial rates.

In the past 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, veterans Disability attorney the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to 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 getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, veterans Disability attorney he claims the VA still has to pay him for his past denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

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

Alimony Discrimination

People who have served their nation in uniform and those who are their companions deserve truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that courts in the state can take away veterans disability law firms' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed the law in Title 38, U.S. Code to protect veterans Disability attorney' benefits from claims of 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, however was discharged that was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and arduous route.

He was denied at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National veterans disability lawyers Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with a decision made by the agency. It is important to appeal a decision as soon as you are able. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal meets all requirements and ensure that it is heard in a fair manner.

A qualified lawyer is able to examine the evidence used to justify your claim and present new and additional evidence in the event of need. A lawyer who is familiar with the challenges of the VA will be more understanding of your circumstance. This could be a great benefit to your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. An experienced attorney will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A qualified lawyer will be able to work with medical experts to provide additional evidence of your health condition. A medical expert, for example, may be able show that the pain you are experiencing is due to your service-related injury and is debilitating. They may also be able to assist you get the medical records required to support your claim.

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