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Elvin 24-06-28 18:40 view74 Comment0

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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier collision has won a major victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA pay him back for benefits that it has taken him out of and to amend its policies regarding race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National veterans disability attorney Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the veterans disability law firms Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims filed by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatizing memories through each application and re-application, the suit claims.

The lawsuit seeks financial damages and also asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding the benefits for veterans and their impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by family members and creditors, except for alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a much more frequent rate than his white peers. 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 discrimination against blacks was systematic and widespread. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with to a decision of the agency. It is essential to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal meets all the requirements and that you are given a fair hearing.

A lawyer who is qualified can review the evidence that was used to back your claim and provide additional evidence and documentation should it be required. A lawyer will also know the difficulties involved in dealing with the VA and could result in a greater degree of understanding 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 properly described their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able to consult with medical experts to provide additional evidence of your medical condition. For instance medical experts could be able to prove that the pain you suffer is a result of your service-connected injury and that it is causing disability. They may also be able assist you in getting the medical evidence you need to prove your claim.

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