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Kelvin 24-06-20 01:54 view128 Comment0

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

veterans disability attorney with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying 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. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He demands that the agency reimburse him for benefits he has been deprived of and to change its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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. 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 was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday 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 as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court orally order the VA to review the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them deserve honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. 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 is not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to approve his claim for disability compensation was a long, winding journey.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you are able. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence to support your claim and, should it be necessary, present additional and more convincing evidence. The lawyer will also understand the difficulties involved in dealing with the VA and can result in a greater degree of empathy for your situation. This can be an important advantage in your appeals.

One of the primary reasons a veteran's disability claim can be denied is because the agency hasn't correctly defined their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified lawyer will be able to work with medical professionals to provide additional evidence of your health condition. For example medical experts could be able to prove that the pain you experience is a result of your service-related injury and is causing impairment. They may be able to assist you in getting the medical records you require to prove your claim.

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