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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. This is the reason you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an air carrier crash which killed dozens has won a significant victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans disability attorneys during the past three decades.

Monk, a retired psychiatric nursing, claims 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 work, education, and employment. Monk wants the VA to reimburse him for Veterans Disability Compensation benefits he has been deprived of and to change its policies regarding race discharge status, discharge status and denial rates.

In the past year, Monk and the Veterans 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. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans disability lawyer. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and asks the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve truthful answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his service, but was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and difficult road.

He was denied benefits at a higher rate than his white counterparts. 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. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. If you are considering appealing the decision, it is important to appeal as soon as you can. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A qualified lawyer can review the evidence used to prove your claim, and if needed, provide additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your circumstance. This can be an important benefit to your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your condition. For instance an expert in medicine could be able to prove that the pain you feel is a result of your service-connected injury and is disabling. They could be able to assist you in getting the medical records you require to prove your claim.