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Herman 24-05-31 14:13 view371 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 often exploited by attorneys who use their benefits to make a profit. This is why you require a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier collision has won an important victory. However, it comes with a hefty price tag.

Class Action Settlement

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

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He wants the VA to pay him back the benefits they have denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and veterans disability Attorney the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color Veterans Disability Attorney was 6.3 percent higher than white veterans.

Discrimination in PTSD

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

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 equipment and troops to combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most painful memories each time he applied and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and also asks the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans Disability attorney' payment from claims made by creditors and family members, except for child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but he received a discharge that was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long, winding road.

He was denied services at the rate of significantly more than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed 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 but did not confront decades-old 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. It is crucial to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal meets all the requirements and it gets a fair hearing.

A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstances. This could be a great benefit to your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your situation. A medical expert for instance, might be able to prove that your pain is a result of your service-related injury, and is debilitating. They might also be able to assist you obtain the medical records that are required to prove your claim.

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