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Stormy 24-06-01 17:06 view341 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 as a way to earn money. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has won an important victory. However, it comes with cost.

Class Action Settlement

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

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He is requesting that the VA compensate him for benefits that it has taken him out of and to alter its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans disability lawsuit were statistically less likely to be granted a disability claim than white veterans disability attorneys between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to 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 a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a 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 also suffered emotional harm by reliving his most painful experiences on each application for benefits.

The lawsuit seeks financial damages and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them require truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and Veterans Disability Lawsuits other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing a decision, Veterans Disability Lawsuits it is important to appeal immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A competent lawyer will review the evidence that supports your claim, and should it be necessary, present new and additional proof. A lawyer who is familiar with the VA's challenges can be more sympathetic to your situation. This could be a valuable advantage in the appeals process.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly defined their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you experience is a result of your service-connected injury and that it is causing you to be disabled. They could be able to assist you in obtaining the medical records needed to prove your claim.

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