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

veterans disability attorney with disabilities are often victimized by lawyers who use their benefits to make a profit. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a significant cost.

Class Action Settlement

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

Monk, a retired psychiatric nurse, veterans disability claims that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for benefits that it has taken him out of, and to modify its policies on race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and Veterans Disability 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 to 2020. The average denial rate for black veterans was 6.3% higher than for 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 was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims filed by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to battle zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered emotional harm as he relived the most traumatic memories in each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and asks the court to decide to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need truthful information about veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims by family members and creditors with the exception of child support and alimony.

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

He was denied benefits at an rate that was much higher than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought 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 did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal meets all requirements and you are given a fair hearing.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence, should it be required. The lawyer will also understand the difficulties of dealing with the VA and this could create a higher level of empathy for the situation. This could be a great benefit in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional evidence of your health condition. For example medical experts may be able to show that the pain you suffer is due to your service-related injury and is causing disability. They might also be able to help you get the medical records that are required to prove your claim.

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