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pompton lakes veterans disability law firm Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a cash cow. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier collision has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a 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 much greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He demands that the agency repay him for lawyers the benefits he has been deprived of and to change its policies regarding race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim 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 against PTSD

The excelsior springs veterans disability lawyer Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

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

The lawsuit seeks financial damages, and wants the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. The discrimination was racial and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted a fair hearing.

A licensed lawyer can examine the evidence that was used to support your claim and submit new and additional evidence when needed. The lawyer will also understand the challenges of dealing with the VA, and this can lead to a greater level of understanding for your situation. This can be an important asset in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A professional attorney will also be able to work with medical professionals to provide additional evidence of your medical condition. For instance an expert in medical practice could be able to prove that the pain you are experiencing is related to your service-connected injury and is causing disability. They may also be able assist you in getting the medical records you require to support your claim.