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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. But it comes with cost.

Class Action Settlement

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

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He would like the VA to compensate him for the benefits it has not provided him, and to modify their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data 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 black veterans than it was for white veterans disability lawyer.

Discrimination based on PTSD

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

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, Veterans Disability Lawsuits and received an unworthy military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most painful memories with each application and re-application to receive benefits, the suit claims.

The lawsuit is seeking monetary damages and also to order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, however he was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to grant his claim for disability compensation was a long, winding path.

He was denied benefits at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A lawyer with experience can look over the evidence used to support your claim, and if needed, provide additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be an invaluable advantage in the appeals process.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency has not properly classified their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will be able work with medical experts to provide additional evidence of your situation. A medical professional for instance, might be able prove that the pain you are experiencing is due to your service-related injury, Veterans Disability Lawsuits and is debilitating. They might be able assist you in obtaining the medical records needed to prove your claim.

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