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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won an important victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white veterans. 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 higher rate than those of white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to compensate him for the benefits it has not provided him and to amend their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a full range of benefits in 2015 and Veterans Disability Lawsuits 2020. However, Veterans Disability Lawsuits he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatic memories each time he applied and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but then the discharge he received was less than honorable because he was battling two times because of a post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than white people. This discrimination against blacks was widespread and pervasive, according to 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 claims that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an opinion of the agency. If you're thinking of appealing a decision, it is essential to do so as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an impartial hearing.

A licensed lawyer can review the evidence used to support your claim and submit additional evidence if necessary. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This can be a huge asset in your appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able work with medical professionals to provide additional proof of your medical condition. For example an expert in medicine might be able demonstrate that the pain you experience is a result of your service-connected injury and that it is disabling. They may also be able assist you in getting the medical records you require to support your claim.