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veterans disability lawyer 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 way to earn money. This is why you require an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision which killed dozens has a huge victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans in 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 psychiatrist, has claimed that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA pay him back the benefits they have denied him, and to alter their 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 via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans disability lawsuit (Suggested Online site).

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received a discharge that was less than an honorable. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most painful memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and seeks the court to require the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims made by family members and creditors including alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. The discrimination was racial and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing the decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A lawyer who is qualified can review the evidence that was used to justify your claim and present new and additional evidence should it be required. A lawyer who is familiar with the VA's issues can be more sympathetic to your situation. This can be a valuable asset in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency hasn't correctly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A lawyer who is qualified will be able to work with medical specialists to provide additional proof of your medical condition. A medical expert could, for instance, be able to prove that your pain is caused by the injury you sustained while working and is disabling. They may also be able help you obtain the medical records that are required to prove your claim.