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

Attorneys who profit from disabled veterans to earn profits often make use of their benefits. This is why you should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. Monk wants the VA to repay him for the benefits he was deprived of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability law firm Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

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

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. 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 reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories with each application and re-application, veterans Disability Lawsuits the suit says.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to protect the veterans disability law firms' compensation against claims from family members and creditors including alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later he received a discharge that was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than 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, this racial discrimination was systemic and widespread. It alleges that the VA did not know about and failed 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 reviews claims for benefits if a claimant disagrees to a decision of the agency. If you're thinking of appealing an agency decision, it's important that you do so as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an equitable hearing.

A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit additional and more convincing evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstances. This can be a huge asset in your appeals process.

One of the most frequent reasons that a veteran's claim for veterans disability lawsuits disability is denied is due to the agency has not correctly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your condition. A medical professional, for example, may be able to demonstrate that your pain is caused by the injury you sustained while working and is in a way limiting. They could be able to assist you in obtaining the medical records needed to prove your claim.