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

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of plantation veterans disability law firm Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School pleasantville veterans disability lawsuit Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for benefits it has not provided him and to change their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made 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 the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit seeks damages in the form of money and also asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but his discharge was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied access at an rate that was much 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. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. It is essential to appeal a decision as quickly as you are able. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is in line with all requirements and it is heard in a fair manner.

A lawyer who is qualified can review the evidence used to support your claim and submit additional evidence and documentation when needed. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This can be a valuable benefit to your appeals.

A claim for disability from a veteran is often denied because 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. A professional attorney will also be able work with medical experts to provide additional proof of your situation. A medical expert is one example. They may be able prove that your pain is a result of your service-related injury and is disabling. They could be able to assist you in obtaining the medical records needed to prove your claim.