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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 taken advantage of by lawyers who use their benefits to make a profit. You need an attorney that is certified 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 deadly aircraft carrier crash has clinched an important victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. Monk wants the VA to pay him back the benefits it has not provided him and to change their policies on race and discharge status as well as 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans disability attorneys were statistically less likely to receive the right to claim disability benefits than white veterans disability attorneys between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability case, as per the lawsuit filed on Monday. The suit is filed 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 cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still has to pay him for veterans Disability Lawyer the denials he received in the past of disability compensation. He also suffered severe emotional harm as he relived some of his most painful memories with each application and re-application, the suit claims.

The lawsuit seeks monetary damages, and wants the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors except for veterans disability lawyer alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but later the discharge he received was not a prestigious one because there were two battles because of a post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous road.

He was denied access at a rate significantly higher than white people. This discrimination against Blacks was systematic and widespread, as per the lawsuit filed on behalf of him by the National veterans disability lawyer (simply click the up coming internet site) Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an opinion of the agency. It is important to appeal a decision as soon as you can. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal is in line with all requirements and you are given a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence and documentation in the event of need. The lawyer will also understand the difficulties of dealing with the VA and can lead to a greater level of empathy for your circumstance. This could be a great advantage in the appeals process.

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 properly classified and rated correctly, allowing you the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your condition. A medical expert could, for instance, be able show that your pain is a result of your service-related injury and that it is disabling. They may also be able assist you in obtaining the medical records needed to prove your claim.