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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 earn profits often make use of their benefits. This is why you should hire an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying 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 more frequent rate than white veterans disability attorney over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the agency to reimburse him for benefits that it has taken him out of and to alter its 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 by way of Freedom of Information Act requests that they made 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 receive a disability claim than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than honourable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to examine its systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them require honest answers about veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding route.

He was denied benefits at a greater rate than his white counterparts. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on behalf of him 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 failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. It is essential to appeal a decision as swiftly as you are able. A lawyer who is experienced in appeals for veterans disability (read the full info here) can assist you in ensuring that your appeal is in line with all requirements and it receives a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and Veterans Disability if necessary, submit additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstance. This can be a huge advantage in the appeals process.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly characterized their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical professional is one example. They may be able prove that your pain is caused by your service-related injury and is disabled. They may also be able assist you in obtaining the medical records needed to prove your claim.