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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 exploited by attorneys who use their benefits as a way to earn money. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. 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 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, a retired psychiatric nurse, claims that discrimination by the VA has caused him and sustainabilipedia.org other black veterans to be affected in ways that have impacted their health, homes work, education and employment. Monk wants the VA to pay him back for benefits that it has taken him out of, and to modify its policies on race as well as 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 which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white manhattan beach veterans disability law firm between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatizing memories through each application and re-application, the suit states.

The lawsuit seeks monetary damages and asks the court to require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as 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 have served our country in uniform or those who accompany them need honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for classicalmusicmp3freedownload.com child support and alimony. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, but was later acquitted of a less 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 journey.

He was denied access at an amount that was significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you can. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is in line with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and if needed, provide additional evidence. A lawyer also knows the difficulties of dealing with the VA and could create a higher level of empathy for the situation. This could be a valuable advantage during your appeals procedure.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly described their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you need. A professional attorney will also be able to work with medical experts to provide additional proof of your situation. For instance medical experts may be able to show that the pain you feel is due to your service-related injury and is causing impairment. They might also be able help you obtain the medical records that are needed to support your claim.