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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier crash which killed dozens has been awarded a significant victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is significantly higher than white veterans disability lawyer. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the agency to repay him for the benefits he has been deprived of and to alter its policies on race as well as 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 Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans disability lawyers between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans disability litigation.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not an honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered emotional harm as he relived some of his most traumatic memories through each application and re-application, the suit claims.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine the systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need honest answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then his discharge was less than honorable due to the fact that he had two fights due to undiagnosed 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 peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and Veterans disability Lawsuit widespread. It claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks to redress Monk and other Veterans Disability Lawsuit who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is in line with all requirements and you are given a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to support your claim and submit additional evidence in the event of need. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstance. This can be a huge advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A reputable lawyer will also be able of working with medical specialists to provide additional proof of your health condition. For example, a medical expert might be able demonstrate that the pain you experience is due to your service-related injury and that it is causing impairment. They might also be able help you get the medical records required to prove your claim.