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Veterans Disability Attorney: 10 Things I'd Love To Have Known Earlier Cara Balke 23-07-12 02:39
Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawyers Disability Lawsuits

Attorneys who profit from disabled veterans to make money often rely on their benefits. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has won a major victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He demands that the agency reimburse him for benefits he has been deprived of and to change its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black veterans disability lawyers Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans disability litigation.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks damages in the form of money and asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or veterans Disability lawsuit accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members with the exception of alimony and 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 combat zones. He was awarded numerous medals, however was discharged that was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and difficult road.

He was denied benefits at a much higher rate than his white counterparts. The discrimination was racial and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Disability Lawsuit Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A lawyer with experience can look over the evidence used to prove your claim and, if necessary, submit new and additional proof. A lawyer will also know the challenges involved in dealing with the VA and can result in a greater degree of empathy for your situation. This can be a significant advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will also be able to consult with medical experts to provide additional proof of your health condition. A medical expert, for example, may be able to demonstrate that your pain is a result of your service-related injury, and is debilitating. They may also be able assist you in getting the medical records required to prove your claim.
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