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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 taken advantage of by lawyers who use their benefits to make a profit. This is why you should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal air carrier collision has won an important victory. However, it comes with cost.

Class Action Settlement

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

Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He is requesting that the VA compensate him for the benefits it has denied him, and to alter their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against 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 having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims made by Black veterans disability attorney in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and seeks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them deserve honest answers about the veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding route.

He was denied access at an rate that was much higher than his white peers. This discrimination against blacks was widespread and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees a decision made by the agency. If you're thinking of appealing a decision, it is important to appeal as soon as possible. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A qualified lawyer will be able to review the evidence that was used to support your claim and submit new and additional evidence if necessary. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This can be a valuable asset in your appeals.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly described their condition. An experienced attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you require. A professional attorney will also be able to work with medical experts to provide additional proof of your condition. For example an expert in medical practice might be able prove that the pain you are experiencing is due to your service-related injury and that it is causing you to be disabled. They may also be able assist you in getting the medical records required to support your claim.