10 Things You Learned In Kindergarden That Will Help You Get Veterans …

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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 often use their benefits. You need an attorney who is licensed to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents 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 much higher rate than white veterans in the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA reimburse him for benefits it has denied him and to change their policies on 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, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm from reliving some of his most painful memories each time he applied and re-application for benefits, the suit claims.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to review systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, deserve to know 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 can get their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims made by creditors and family members including child support and alimony.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long, winding path.

He was denied benefits at an rate that was much higher than his white peers. According to the lawsuit filed on 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. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you are able. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal is in line with all requirements and ensure that it is heard in a fair manner.

A qualified lawyer is able to examine the evidence used to support your claim and submit new and additional evidence when needed. A lawyer will also know the challenges involved in dealing with the VA and can result in a greater degree of empathy for your situation. This can be an important advantage in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. An experienced attorney can make sure that your condition is correctly classified and rated, allowing you to receive the benefits you need. An experienced attorney will be able to work with medical experts to provide additional evidence of your health condition. A medical expert could, for instance, be able show that your pain is a result of the injury you sustained while working and is in a way limiting. They may be able to assist you in getting the medical records you require to prove your claim.

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