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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 targeted by lawyers who make use of their benefits as a way to earn money. This is why you require an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched a major victory. However, it comes at a price.

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 which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School veterans disability attorneys Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He would like the VA to compensate him for the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans disability law firms were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black Veterans in adisproportionate way.

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 combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages, and wants the court's order for the VA to review its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who are their companions deserve truthful information about veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by family members and creditors in the case of child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, however he received a discharge that was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. This racial discrimination was systemic 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 alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with a decision made by the agency. If you're considering appealing an appeal, it's essential to do so as soon as you can. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A lawyer with experience can look over the evidence used to support your claim, and when necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstances. This could be a great advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. For instance an expert in medicine might be able demonstrate that the pain you experience is a result of your service-connected injury and is causing you to be disabled. They may also be able to help you obtain the medical records required to prove your claim.

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