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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly 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 the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He is requesting that the VA compensate him for benefits he was deprived of and to alter its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through 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 be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans disability attorneys was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not an honorable. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks damages in the form of money, Veterans Disability and wants the court to direct the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later given a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a higher rate than white counterparts. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf 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 deal with decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. It is important to appeal a decision as fast as you are able. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal complies with all requirements and it receives a fair hearing.

A competent lawyer will review the evidence used to support your claim and, if necessary, submit new and additional evidence. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This can be a huge advantage in the appeals process.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency hasn't properly described their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A reputable lawyer will also be able to work with medical specialists to provide additional evidence of your situation. For instance an expert in medicine may be able to show that the pain you feel is related to your service-connected injury and that it is disabling. They might be able assist you in getting the medical records required to prove your claim.