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

Attorneys who profit from disabled veterans to make profits often make use of their benefits. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier collision has won a major victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans disability lawsuit. 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 VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. Monk wants the VA to compensate him for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and also asks the court to order the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them require truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but later he received a discharge that was not honorable as he was battling two times because of a post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than 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 bias was systemic and widespread. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. If you're considering appealing an appeal, it's crucial to file an appeal immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence, when needed. A lawyer will also know the challenges involved in dealing with the VA, and this can increase the level of empathy for your circumstance. This can be an invaluable advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able to consult with medical specialists to provide additional proof of your situation. A medical expert is one example. They may be able to demonstrate 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 obtaining the medical records needed to prove your claim.