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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly air carrier collision has won an important victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for benefits he has been deprived of and to alter its policies regarding race, discharge status and denial rates.

In the past year, Monk and the veterans disability lawyer Legal Services Clinic obtained 20 years of VA disability compensation claim information 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 receive a disability claim than white veterans between 2001 and 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 or education, as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than honorable. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and seeks to have the court require the VA to review systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by family members and creditors, except for child support and alimony.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. The fight to get the VA to accept his claim for disability compensation was a long and difficult route.

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

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you can. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim, and if necessary, submit new and additional proof. The lawyer will also be aware of the challenges involved in dealing with the VA and this could create a higher level of empathy for your circumstance. This can be an important benefit to your appeals.

One of the primary reasons a veteran's disability claim is denied is due to the agency hasn't correctly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified lawyer will be able to work with medical professionals to provide additional proof of your health condition. For example an expert in medical practice might be able demonstrate that the pain you feel is due to your service-related injury and that it is disabling. They might also be able to assist you obtain the medical records that are required to prove your claim.