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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 taken advantage of by lawyers who use their benefits as a way to earn money. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal air carrier collision has won an important victory. But it comes with the cost of.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of veterans disability lawsuits Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He demands that the agency repay him for the benefits he was deprived of and to amend 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 information in the past year as part of a Freedom of Information Act request which they filed 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 in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. The suit claims that he suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve honest answers regarding the veterans disability compensation and Veterans Disability Lawsuits its effect on money issues in divorce. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims brought by family members and creditors including alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, but he was later given a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with to a decision of the agency. If you're considering appealing an agency decision, it's important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an impartial hearing.

A lawyer with experience can look over the evidence used to prove your claim and, when necessary, submit new and additional evidence. The lawyer will also understand the challenges of dealing with the VA and could lead to a greater level of empathy for the situation. This can be a valuable advantage in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is because the agency hasn't properly classified their condition. A qualified attorney can make sure that your condition is properly categorized and rated, allowing you to get the benefits you need. A qualified lawyer will be able of working with medical professionals to provide additional proof of your condition. For example medical experts may be able to show that the pain you are experiencing is due to your service-related injury and that it is disabling. They may also be able help you obtain the medical records required to support your claim.