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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 use their benefits. This is why you should hire a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has won an important victory. However, it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during 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 disability lawyers over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that discrimination by 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 the benefits that it has taken him out of and to alter its policies on race, discharge status and denial rates.

Last year, Monk and the Veterans Disability Law Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and 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. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks damages in the form of money and asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and veterans disability law alimony. It is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, but he was later given 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, long, and winding path for him to get the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. The discrimination was racial and veterans disability law widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the veterans disability lawsuit Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans disability lawyers. It seeks to redress Monk and other veterans disability claim who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's essential to do so as soon as possible. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal is in line with all the requirements and you are given a fair hearing.

A qualified lawyer can review the evidence to support your claim and, when necessary, submit new and additional evidence. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of empathy for your circumstance. This can be an important advantage in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A lawyer who is qualified will be able to consult with medical experts to provide additional proof of your medical condition. For example medical experts could be able to prove that the pain you feel is related to your service-connected injury and that it is causing disability. They could be able to assist you in obtaining the medical records needed to prove your claim.