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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 make money frequently use their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier collision which killed dozens has won a major victory. But it comes at the cost of.

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, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent rate than white veterans disability law firms in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for the benefits it has not provided him, and to modify their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court require the VA to look into systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by creditors and family members in the case of alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but was discharged that was not a prestigious one because the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. It is essential to appeal a decision as soon as you are able. An experienced lawyer in veteran disability appeals can help you ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A lawyer with experience can look over the evidence to support your claim, and when necessary, submit additional evidence. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstance. This can be a significant benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A skilled attorney can make sure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able of working with medical professionals to provide additional proof of your condition. For instance medical experts might be able prove that the pain you experience is a result of your service-related injury and is disabling. They may also be able help you obtain the medical records required to support your claim.

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