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

Attorneys who exploit veterans disability attorney with disabilities to make money often rely on their benefits. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won a major victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He demands that the agency reimburse him for benefits it has deprived him of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

In the past 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 the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

The veterans disability law firm Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

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 equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks damages in the form of money and also asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished 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 safeguard veterans' payments from claims brought by creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but he was later awarded a less than honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. This racial discrimination was systemic and 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 asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. If you're considering appealing an appeal, it's important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A competent lawyer will review the evidence used to support your claim and, if needed, provide additional and more convincing evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and this could result in a greater degree of understanding for your situation. This can be a valuable asset in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A reputable lawyer will also be able to consult with medical professionals to provide additional proof of your situation. For instance an expert in medicine might be able demonstrate that the pain you are experiencing is related to your service-connected injury and is disabling. They may also be able to assist you obtain the medical records needed to support your claim.

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