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Leo 24-07-06 13:07 view50 Comment0

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caledonia veterans disability lawsuit Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make profits often make use of their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly air carrier collision has won an important victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as 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 last three decades.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA reimburse him for the benefits it has denied him and to amend their policies regarding race and discharge status as well as 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 submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 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 Lincoln Park Veterans Disability Attorney Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He 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 claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit seeks financial compensation and also asks the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The cliffside park veterans disability law firm who were in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, but he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding path.

He was denied services at the rate of significantly more than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing a decision, it is crucial to file an appeal as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A licensed lawyer can examine the evidence that was used to prove your claim and then submit additional evidence, if necessary. The lawyer will also be aware of the difficulties of dealing with the VA and can lead to a greater level of empathy for the situation. This could be a valuable advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your condition. A medical expert is one example. They may be able to demonstrate that your pain is caused by your service-related injury, and is debilitating. They might be able assist you in obtaining the medical records needed to support your claim.

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