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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 money frequently use their benefits. This is why you should hire a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed Monday that 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 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 much more frequent rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He wants the agency to compensate him for benefits that it has taken him out of and to change its policies on race as well as discharge status and denial rates.

Monk and veterans disability lawsuit the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of National veterans disability lawsuit (click the next page) Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court orally order the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors including child support and alimony.

Conley Monk, who was a 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, but then was discharged that was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. The fight to get the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied benefits at a higher rate than his white counterparts. This discrimination against Blacks was systematic and widespread, according to 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 knew about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A qualified lawyer can review the evidence used to support your claim, and should it be necessary, present new and additional proof. A lawyer also knows the difficulties involved in dealing with the VA, and this can increase the level of understanding for your situation. This could be a great benefit in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A qualified attorney 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 experts to provide additional evidence of your health condition. For instance an expert in medical practice could be able to prove that the pain you experience is related to your service-connected injury and is causing disability. They may be able to assist you in getting the medical evidence you need to prove your claim.

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