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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 exploited by attorneys who use their benefits as a source of cash. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash which killed dozens has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He wants the agency to repay him for the benefits he has been deprived of, and to modify its policies regarding race as well as discharge status and denial rates.

Monk and the veterans disability attorney Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and wants the court order the VA to examine its systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans disability attorney' payments from the claims of family members and creditors with the exception of alimony and Veterans Disability Lawsuit child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than his white peers. This racial discrimination was systemic and veterans disability lawsuit 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 alleges that the VA was aware of and failed to take action to end decades of discrimination against Black Veterans disability Lawsuit. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. It is important to appeal a decision as fast as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, if necessary, submit new and additional evidence. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be a huge benefit in your appeals process.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't correctly described their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified attorney will be able work with medical professionals to provide additional proof of your health condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabling. They may also be able help you obtain the medical records required to support your claim.

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