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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 taken advantage of by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal air carrier collision has won a major victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically 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 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 greater rate than white veterans over the last three decades.

Monk, a retired psychiatrist, says that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for benefits it has deprived him of and to alter its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday, 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 suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. The suit also claims that he suffered emotional damage by reliving the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and asks the court to order the VA to examine the systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who are their companions deserve honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. This racial discrimination was systemic and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of veterans disability lawyers Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. If you are considering appealing an appeal, it's crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all the requirements and it gets a fair hearing.

A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence in the event of need. A lawyer also knows the difficulties involved in dealing with the VA and veterans disability lawsuits this could create a higher level of empathy for the situation. This can be an invaluable advantage in the appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to receive the benefits you require. A professional attorney will also be able work with medical professionals to provide additional evidence of your medical condition. For instance an expert in medicine may be able to show that the pain you feel is a result of your service-connected injury and that it is causing impairment. They may be able to assist you in getting the medical evidence you need to support your claim.