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

Attorneys who exploit veterans with disabilities to make money often use their benefits. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has a huge victory. However, it comes at the cost of.

Class Action Settlement

According to a lawsuit filed Monday 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 a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans disability law firms over the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the agency to pay him back for 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 by way of 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 were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial compensation and asks the court's order for the VA to examine 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 end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need truthful answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members in the case of child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, however was discharged that was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and Veterans Disability Lawsuits winding route.

He was denied benefits at a higher rate than white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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 are considering appealing a decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A licensed lawyer can examine the evidence used to support your claim and, if necessary, submit new and additional evidence. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This can be a significant benefit to your appeals.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency has not properly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able to work with medical professionals to provide additional evidence of your situation. For instance medical experts may be able to show that the pain you feel is related to your service-connected injury and that it is disabling. They could be able to assist you in obtaining the medical records needed to support your claim.