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

Attorneys who exploit disabled veterans to earn money often use their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision that killed a number of people has a huge victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly 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. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and Veterans Disability Lawsuit the Yale Law School veterans disability lawsuit Legal Services Clinic.

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA pay him back for benefits he has been deprived of and to amend its policies regarding race discharge status, discharge status and denial rates.

Last 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. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday that the newport news veterans disability law firm Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle 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 less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to his past denials of disability compensation. The suit asserts that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve honest answers about veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. It is not true. 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 child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. The discrimination was racial and widespread, as per 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. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you are considering appealing a decision, it is crucial to file an appeal immediately. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is in line with all the requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence used to prove your claim, and if needed, provide new and additional proof. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This could be a valuable asset in your appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional evidence of your medical condition. For example an expert in medicine might be able demonstrate that the pain you are experiencing is due to your service-related injury and is causing impairment. They could be able to assist you in getting the medical evidence you need to support your claim.