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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 victimized by lawyers who use their benefits to make a profit. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an air carrier crash that claimed the lives of dozens has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability law firms by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the 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 in the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, home life work, education, and employment. He would like the VA to compensate him for the benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims made by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial compensation, and wants the court to order the VA to review its systemic PTSD discrimination. 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 victims of sexual assault.

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 Lawsuits their impact on divorce money issues. One of the most common myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but he was later awarded a less than honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous route.

He was denied at a rate significantly higher than his 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 discrimination against blacks was systematic and widespread. It alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. It is important to appeal a decision as quickly as you can. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is in line with all the requirements and it is heard in a fair manner.

A lawyer with experience can look over the evidence to support your claim, and if necessary, submit new and additional evidence. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This can be a significant asset in your appeals.

One of the most common reasons a veteran's disability claim can be denied is because the agency has not correctly classified their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your medical condition. For example, a medical expert may be able to show that the pain you are experiencing is related to your service-connected injury and is causing disability. They might also be able to help you obtain the medical records required to support your claim.