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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier collision has won a major victory. However, it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. He would like the VA to reimburse him for benefits they have denied him, and to alter 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 through Freedom of Information Act requests which they filed 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 the claim for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" prevented him from getting aid for tuition, home loans and Veterans Disability Lawsuits other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatizing memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks financial compensation and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by creditors and family members in the case of child support and alimony.

Conley Monk, a volunteer for his country, spent 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, however he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long, winding path.

He was denied services at a rate significantly higher than his white peers. According to the lawsuit filed on his behalf by the National veterans disability lawsuits Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you're considering appealing an agency decision, it's important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A lawyer with experience can look over the evidence to support your claim, and if necessary, submit additional and more convincing evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and can result in a greater degree of empathy for your circumstance. This can be a significant asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your situation. A medical professional for instance, might be able to demonstrate that your pain is a result of your service-related injury and that it is disabling. They might also be able to help you obtain the medical records that are required to support your claim.