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Corinne Ballent… 24-06-26 21:47 view101 Comment0

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

veterans disability lawyers with disabilities are often exploited by attorneys who use their benefits as a way to earn money. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. However, it comes with the cost of.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA repay him for the benefits it has deprived him of and to alter its policies regarding race as well as 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. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation and asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans may have 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 protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but he received a discharge that was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. His battle for the VA to accept his claim for disability compensation was a long and winding path.

He was denied at an rate that was much higher than his white peers. According to the lawsuit filed on 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 alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. If you're considering appealing the decision, it is essential to do so as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A licensed lawyer can review the evidence used to support your claim and submit additional evidence when needed. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be a valuable advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. An experienced attorney will be able work with medical experts to provide additional evidence of your situation. For instance, a medical expert might be able demonstrate that the pain you experience is a result of your service-connected injury and is causing disability. They may be able to assist you in getting the medical evidence you need to prove your claim.

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