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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 targeted by lawyers who make use of their benefits as a source of cash. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans disability attorney by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to compensate him for benefits that it has taken him out of and to alter its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans disability lawsuit [redirect to M 1bar] between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm as he relived some of his most painful memories with each application and re-application for benefits, the suit states.

The lawsuit seeks financial compensation, and wants the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them need truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans disability law firms' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, however the discharge he received was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. The fight for the VA to grant his claim for disability compensation was a long and winding path.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's essential to do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A lawyer with experience can look over the evidence that supports your claim and, when necessary, submit additional evidence. A lawyer also knows the challenges of dealing with the VA, and this can increase the level of empathy for your circumstance. This could be a valuable advantage during your appeals procedure.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A professional attorney will also be able work with medical professionals to provide additional proof of your medical condition. For example, a medical expert might be able prove that the pain you feel is a result of your service-connected injury and is causing disability. They might assist you obtain the medical records required to support your claim.