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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has consistently 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 alleges that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to pay him back for benefits it has deprived him of and to amend its policies on race discharge status, discharge status and denial rates.

In the past year, Monk and the veterans disability lawyers Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for veterans Disability lawsuit disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically denied claims from Black veterans disability case.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to reverse the discharge, and received a full 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 suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and wants the court require the VA to examine the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts are able to confiscate veterans disability attorneys' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for alimony or child support.

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

He was denied benefits at a greater rate than his white counterparts. The discrimination was racial and widespread, as per the lawsuit filed 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 and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans disability attorneys.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing a decision, it is important that you do so immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A lawyer with experience can look over the evidence to support your claim, and when necessary, submit additional and more convincing evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This can be an important benefit to your appeals.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your health condition. For example, a medical expert may be able to show that the pain you are experiencing is a result of your service-related injury and is disabling. They may be able to assist you in obtaining the medical records needed to support your claim.