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Ten Things You Learned At Preschool That Can Help You In Veterans Disa…

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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision which killed dozens has been awarded a significant victory. But it comes with cost.

Class Action Settlement

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

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the agency to pay him back for benefits that it has taken him out of and to change its policies regarding race, 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 receive an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional damage from having to relive the most traumatic memories through each application and re-application, the suit says.

The lawsuit is seeking monetary damages and wants the court require the VA to examine the the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and arduous road.

He was denied benefits at a much higher rate than his white peers. 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 alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is important to appeal as soon as you can. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal meets all requirements and ensure that you are given a fair hearing.

A qualified lawyer will be able to review the evidence that was used to justify your claim and present additional evidence if necessary. The lawyer will also understand the challenges of dealing with the VA and could lead to a greater level of understanding for your situation. This can be a valuable asset in 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 will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A lawyer who is qualified will be able of working with medical experts to provide additional evidence of your health condition. For example, a medical expert might be able prove that the pain you suffer is due to your service-related injury and that it is causing you to be disabled. They might assist you obtain the medical records that are needed to support your claim.

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