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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits (Shinhwaspodium.Com)

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision which killed dozens has won a significant victory. However, it comes with the cost of.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the agency to repay him for the benefits he has been deprived of and to amend its policies on race as well as 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 which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a 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 points to evidence suggesting that VA officials have denied claims submitted by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. The suit also claims that he suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and also to decide to require the VA to examine its systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to approve his claim for disability compensation was a long and winding route.

He was denied benefits at a higher rate than his white peers. The discrimination was racial and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorney Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as quickly as you are able. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all the requirements and that you are given a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, when necessary, submit additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and could create a higher level of empathy for your circumstance. This can be a significant benefit to your appeals.

One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't properly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A reputable lawyer will also be able to consult with medical professionals to provide additional evidence of your condition. A medical expert is one example. They may be able show that your pain is due to your service-related injury, and is in a way limiting. They could be able to assist you in getting the medical records required to prove your claim.