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TITLE 7 Small Changes You Can Make That'll Make The Difference With Your Vet…

NAMEJerilyn DATE2024-06-26

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle port hueneme veterans disability lawyer Disability Lawsuits

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. This is the reason you need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that killed a number of people has won a significant victory. But it comes with a huge 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 a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He demands that the agency reimburse him for benefits that it has taken him out of, and to modify its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

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

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks financial damages and also asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by family members and creditors with the exception of alimony and child support.

Conley Monk volunteered 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, however he was later issued a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. If you're thinking of appealing the decision, it is crucial to file an appeal immediately. An experienced lawyer in veteran disability appeals will help you ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A competent lawyer will review the evidence that supports your claim, and when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This can be an important advantage in your appeals.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency hasn't properly classified their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your medical condition. For example an expert in medicine might be able demonstrate that the pain you are experiencing is due to your service-related injury and that it is disabling. They might be able assist you in getting the medical records you require to support your claim.