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Eugenio 24-06-26 21:47 view103 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 taken advantage of by lawyers who use their benefits as a cash cow. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash that killed dozens of people has a huge victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He would like the VA to reimburse him for the benefits they have denied him and to change their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than honorable. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to examine the the systemic PTSD bias. 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

Anyone who was in uniform or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that veterans disability law firm can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but then was discharged that was less than honorable due to the fact that he was battling two times due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and winding route.

He was denied access 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 disability Attorney Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's essential to do so immediately. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal complies with all the requirements and that it receives a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present additional evidence and documentation if necessary. A lawyer will also know the challenges involved in dealing with the VA, and this can result in a greater degree of empathy for the situation. This could be a valuable asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly characterized their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your condition. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabled. They may be able to assist you in getting the medical evidence you need to support your claim.

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