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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 require an attorney who is licensed to manage 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 collision has won an important victory. However, Veterans Disability Lawsuit it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white Veterans Disability Lawsuit. 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 higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans disability lawyers to suffer in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA reimburse him for the benefits it has denied him and to amend their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on 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, Veterans Disability lawsuit even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a 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 who he blamed for his PTSD and was given an unhonorable military discharge in 1971. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm as he relived the most traumatic memories with each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages, 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 discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims by creditors and family members in the case of alimony and child support.

Conley Monk volunteered 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 numerous medals, but then his discharge was not honorable as there were two battles because of a post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and arduous journey.

He was denied benefits at a higher rate than white peers. According to the lawsuit filed on 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 claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an opinion of the agency. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an impartial hearing.

A lawyer with experience can look over the evidence that supports your claim and, should it be necessary, present new and additional evidence. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstance. This can be an invaluable advantage in the appeals process.

One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will be able to work with medical professionals to provide additional proof of your condition. A medical expert, for example, may be able to demonstrate that your pain is due to the injury you sustained while working and is in a way limiting. They may also be able to help you obtain the medical records that are required to support your claim.