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veterans disability lawsuits (aragaon.net) - 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 to make a profit. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed a number of people has won a major victory. However, it comes with 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 much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records 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 past three decades.

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He would like the VA to reimburse him for the benefits it has not provided him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have denied claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than honourable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks damages in the form of money and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by creditors and family members, except for child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability lawyer Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an opinion of the agency. If you are considering appealing an agency decision, it's important to appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets a fair hearing.

A competent lawyer will review the evidence used to prove your claim, and should it be necessary, present new and additional evidence. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstances. This can be a valuable asset in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly defined their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your condition. For instance, a medical expert could be able to prove that the pain you experience is a result of your service-related injury and that it is causing impairment. They may also be able help you get the medical records that are required to support your claim.