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veterans Disability (shinhwaspodium.com) Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

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A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision that killed dozens of people has a huge victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of veterans disability lawyer Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA repay him for the benefits it has deprived him of and to alter its 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 via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone 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 suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to review the systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve honest answers about veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans disability lawyers can have their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by creditors and family members, except for alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but then his discharge was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at an rate that was much higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're considering appealing a decision, it is crucial to file an appeal as soon as possible. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit additional and more convincing evidence. A lawyer who understands the challenges faced by the VA can be more sympathetic to your situation. This can be an invaluable benefit in your appeals process.

A veteran's claim for disability is usually denied due to the agency did not 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 require. A qualified attorney will be able to work with medical experts to provide additional proof of your situation. For example an expert in medicine may be able to show that the pain you feel is related to your service-connected injury and is causing impairment. They may be able to assist you in getting the medical records you require to prove your claim.