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Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle salinas veterans disability lawsuit Disability Lawsuits

Attorneys who exploit disabled eureka veterans disability lawsuit to make money often use their benefits. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has won a significant victory. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives work, education, and employment. He would like the VA to pay him back the benefits that it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of 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 likely to be granted the claim 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.

Discrimination basing it on PTSD

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

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This “bad paper” hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to orally order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans’ funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at a much higher rate than white counterparts. 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 knew about and did not take action to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

Appeals

The VA Board of rochester hills veterans disability law firm Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A lawyer who is qualified is able to examine the evidence used to prove your claim and then submit additional evidence, when needed. A lawyer will also know the challenges involved in dealing with the VA and could increase the level of empathy for your situation. This can be a valuable advantage in your appeals.

One of the main reasons a veteran’s disability claim can be denied is because the agency has not correctly characterized their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A professional attorney will also be able work with medical professionals to provide additional evidence of your condition. A medical expert for instance, might be able show that your pain is caused by the injury you sustained while working and is disabled. They might also be able to help you get the medical records that are required to prove your claim.