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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is the reason you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. However, it comes at cost.

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, as per the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed 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 the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA pay him back the benefits it has not provided him and to change their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely 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% higher than for white veterans disability attorney.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional harm from reliving the most traumatic memories each time he applied and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and wants the court order the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and lawsuits Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans against claims from family members and creditors including child support and Lawsuits alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but was discharged that was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and difficult journey.

He was denied benefits at a higher rate than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is important to appeal a decision as soon as you can. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal complies with all requirements and ensure that it receives a fair hearing.

A licensed lawyer can review the evidence that was used to support your claim and submit additional evidence in the event of need. The lawyer will also be aware of the difficulties of dealing with the VA and could increase the level of understanding for your situation. This can be an important benefit in your appeals.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency hasn't properly defined their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional proof of your situation. For example an expert in medicine may be able to show that the pain you suffer is related to your service-connected injury and is disabling. They might also be able help you get the medical records required to support your claim.