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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has been awarded a significant victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on 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 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 higher rate than white veterans over the last three decades.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black Veterans disability attorney to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA pay him back for benefits he was deprived of, and to modify its policies on race as well as 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 disability lawsuit were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes, 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 in 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and also asks the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied those who served in the military, need to know the truth about veterans disability attorney disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by creditors and family members with the exception of child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied services at the rate of significantly more than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. If you are considering appealing the decision, it is crucial to file an appeal as soon as you can. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A competent lawyer will review the evidence used to prove your claim and, if needed, provide new and additional proof. A lawyer who understands the VA's challenges can be more understanding of your situation. This could be a great advantage in the appeals process.

One of the most common reasons a veteran's disability claim is denied is due to the agency hasn't correctly characterized their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A qualified lawyer will also be able of working with medical specialists to provide additional proof of your medical condition. A medical expert is one example. They may be able to demonstrate that your pain is caused by the injury you sustained while working and is disabling. They could be able to assist you in getting the medical evidence you need to prove your claim.

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