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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. You need an attorney who is licensed 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. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability Attorney by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional trauma from reliving some of his most painful memories through each application and re-application, the suit says.

The lawsuit seeks monetary damages and also to orally order the VA to examine the systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long, winding route.

He was denied benefits at a much higher rate than his white counterparts. According to the lawsuit filed 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 claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

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 considering appealing an appeal, it's important that you do so as soon as possible. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal complies with all the requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence to support your claim and, if necessary, submit additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could lead to a greater level of understanding for your situation. This can be a valuable advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A reputable lawyer will also be able to consult with medical professionals to provide additional evidence of your medical condition. For instance an expert in medical practice might be able prove that the pain you experience is related to your service-connected injury and that it is causing you to be disabled. They may also be able help you get the medical records that are needed to support your claim.

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Berenice Akhtar 작성일24-08-03 19:45 조회13회 댓글0건

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