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Ten Things You Learned At Preschool That Can Help You In Veterans Disa…

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Margery 24-08-07 20:14 view28 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 often use their benefits. This is why you require a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier collision which killed dozens has a huge victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to compensate him for the benefits they have denied him and to amend their policies on 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 through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. 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 cites evidence indicating that VA officials have historically denied claims filed by Black veterans disability lawsuit disproportionately.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm as he relived the most traumatic memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial damages and asks the court to order the VA to look into systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from family members and creditors, except for child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later was discharged that was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long, winding route.

He was denied services at a rate significantly higher than white people. The discrimination was racial 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 was aware of and failed to address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an assessment made by the agency. It is essential to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A licensed lawyer will be able to review the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstances. This can be an invaluable benefit in your appeals process.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your condition. A medical expert, for example, may be able prove that your pain is due to the injury you sustained while working and is disabled. They may also be able to assist you get the medical records required to support your claim.

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