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TITLE "Ask Me Anything:10 Answers To Your Questions About Veterans Disa…

NAMEKandis Estrada DATE2024-06-09

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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School newport news veterans disability law firm Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk who is an 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 or work and education. He demands that the agency compensate him for benefits it has deprived him of and to change its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to 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. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits the suit says.

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 effort 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

Those who served in uniform or accompanied them, should be aware of the truth about maine veterans disability lawsuit disability benefits and their impact on divorce-related money issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. According to the lawsuit filed on his behalf by the National seneca falls veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an appeal, it's important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable 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 knows the challenges of the VA will be more understanding of your situation. This could be a great asset in your appeals process.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your condition. For example medical experts might be able demonstrate that the pain you feel is due to your service-related injury and is causing you to be disabled. They might also be able to help you obtain the medical records needed to support your claim.