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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 money often rely on their benefits. This is why you should hire a attorney who is accredited to deal with 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 with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans Disability lawsuit in the past three decades.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA reimburse him for benefits he has been deprived of and to amend its policies regarding race discharge status, 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 which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans disability lawsuit were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional trauma from reliving the most traumatic memories each time he applied and re-application for benefits the suit says.

The lawsuit seeks financial damages and asks the court to orally order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was not a prestigious one because he had two fights because of a post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his 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, veterans disability lawsuit this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit additional evidence if necessary. A lawyer also knows the challenges involved in dealing with the VA and could create a higher level of empathy for the situation. This could be a great advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A reputable lawyer will also be able of working with medical specialists to provide additional proof of your situation. For example medical experts may be able to show that the pain you feel is a result of your service-related injury and is causing impairment. They could be able to assist you in obtaining the medical records needed to prove your claim.