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Florine 24-08-06 09:38 view41 Comment0

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability law firm Disability Lawsuits

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes with the cost of.

Class Action Settlement

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

Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. Monk wants the VA to reimburse him for benefits it has not provided him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed 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 a disability claim than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (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 shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them require truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' funds 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 from the combat zones. He was awarded numerous medals, however the discharge he received was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than white people. This racial discrimination was systemic and widespread, according to the lawsuit brought 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 did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is important to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal complies with all requirements and it receives a fair hearing.

A licensed lawyer is able to examine the evidence that was used to back your claim and provide additional evidence, in the event of need. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstance. This can be an important asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. An experienced attorney will be able to work with medical professionals to provide additional proof of your condition. A medical expert, for example, may be able to demonstrate that your pain is caused by the injury you sustained while working and is disabling. They might also be able help you obtain the medical records required to support your claim.

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