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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 make money often rely on their benefits. You need an attorney who is certified to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the last 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, their home lives and employment as well as education. He is requesting that the VA reimburse him for benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National veterans disability attorney Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans Disability Lawsuit 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 on Monday in the United States, the veterans disability settlement Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans disability litigation.

Conley Monk volunteered to serve 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. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks damages in the form of money, and wants the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them need truthful information about the benefits for veterans disability compensation and their effect on money issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans disability compensation' payment against claims from creditors and family members 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-ridden transport vehicles, 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 was involved in two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied at a rate significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought 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 was aware of and failed to address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and if necessary, submit new and veterans Disability lawsuit additional evidence. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstances. This can be a valuable asset in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly described their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. A professional attorney will also be able work with medical experts to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you are experiencing is a result of your service-related injury and is disabling. They could be able to assist you in getting the medical records required to prove your claim.