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Why You Should Not Think About How To Improve Your Veterans Disability…

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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. This is why you should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes at cost.

Class Action Settlement

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

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. Monk wants the VA to pay him back for benefits he has been deprived of and to amend its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans disability attorney of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability lawyers, as per a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm as he relived some of his most painful memories in each application and re-application to receive benefits, the suit claims.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims made by creditors and family members including child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but was discharged that was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long, winding route.

He was denied benefits at a much higher rate than white peers. 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 Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. If you're considering appealing an appeal, it's important that you do so as soon as possible. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and it gets a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and if necessary, submit new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and this could increase the level of empathy for the situation. This can be a valuable benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will also be able to consult with medical specialists to provide additional proof of your condition. For instance medical experts might be able demonstrate that the pain you are experiencing is related to your service-connected injury and that it is causing disability. They might also be able help you obtain the medical records needed to support your claim.

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