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

Veterans with disabilities are often exploited by attorneys who use their benefits to make a profit. This is the reason you need an attorney with the right qualifications to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a 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. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School veterans disability lawsuit Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to pay him back the benefits that it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

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

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place 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 the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans disability law firm' compensation against claims from family members and creditors in the case of child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at a much greater rate than his white counterparts. The discrimination was racial and widespread, according to 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 asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for veterans Disability lawsuit benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing an appeal, it's essential to do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A competent lawyer will review the evidence that supports your claim and, if necessary, submit new and additional proof. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This could be a valuable benefit in your appeals process.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your condition. For instance an expert in medicine might be able demonstrate that the pain you feel is due to your service-related injury and is causing disability. They might also be able to assist you obtain the medical records required to prove your claim.