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Hilario 24-06-28 20:26 view73 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 frequently targeted by lawyers who make use of their benefits to make a profit. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. But it comes at an expense.

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 a lawsuit filed 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 alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He is requesting that the VA compensate him for benefits he has been deprived of and to change its policies on race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans disability law firms.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims filed by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not acceptable. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require honest answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but he received a discharge that was not a prestigious one because the two battles he endured were because of a post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied access at the rate of significantly more than white people. 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 discrimination was systemic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of veterans disability law firms Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is important to appeal a decision as soon as you are able. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal is compliant with all requirements and it is heard in a fair manner.

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

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your condition. A medical professional is one example. They may be able to prove that your pain is due to your service-related injury and is debilitating. They may also be able assist you in getting the medical evidence you need to support your claim.

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