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

Attorneys who exploit disabled veterans to make money often use their benefits. You need an attorney who is certified to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which 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 as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. Monk wants the VA to repay him for the benefits he was deprived of and to change its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans disability law firms were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit seeks financial compensation, and wants the court to order 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 make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require truthful information about the veterans disability compensation and Veterans Disability Lawsuits its impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans disability law firms' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to accept his claim for Veterans Disability Lawsuits disability compensation was a long and difficult path.

He was denied services at an rate that was much higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of 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 receives an impartial hearing.

A lawyer who is qualified is able to examine the evidence used to support your claim and submit additional evidence and documentation in the event of need. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This can be a significant asset in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A professional attorney will also be able to work with medical professionals to provide additional evidence of your health condition. For example medical experts might be able demonstrate that the pain you are experiencing is a result of your service-connected injury and is disabling. They may also be able assist you in getting the medical evidence you need to support your claim.