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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability litigation [Full Statement] Disability Lawsuits

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has won a major victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and other black vets to suffer in a manner that has affected their health, home life work, education, and employment. He would like the VA to compensate him for the benefits that it has denied him and to change their policies regarding race, discharge status, and denial rates.

Last year, Veterans Disability Litigation Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans disability settlement between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans disability case.

PTSD Discrimination

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

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

The lawsuit seeks monetary damages and asks the court to require the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for Veterans Disability Litigation the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need truthful information about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, however he received a discharge that was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied services at an rate that was much higher than his white peers. The discrimination was racial and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you are considering appealing a decision, it is crucial to file an appeal immediately. A lawyer who is experienced in appeals to veterans disability lawyers' disability cases can assist you in ensuring that your appeal is compliant with all requirements and it receives a fair hearing.

A qualified lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence should it be required. A lawyer will also know the difficulties of dealing with the VA and could increase the level of empathy for the situation. This can be an important benefit to your appeals.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency has not correctly defined their condition. A qualified attorney will ensure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your health condition. A medical professional for instance, might be able show that your pain is caused by your service-related injury, and is disabling. They might also be able help you obtain the medical records that are required to support your claim.