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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 make money often use their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of veterans disability attorney Affairs discriminates against Black veterans in denying their disability claims in a manner that 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 greater rate than white veterans in the last three decades, as per agency records 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, and other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the agency to repay him for the benefits it has deprived him 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 via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white Veterans Disability lawsuit from 2001 until 2020. The average denial rate for black veterans 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 was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honourable. This "bad paper" prevented him from receiving home loans, tuition aid and Veterans Disability Lawsuit other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm as he relived the most traumatic memories in each application and re-application to receive benefits, the suit states.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort 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

Those who served in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. 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 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, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was not a prestigious one because the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, as per 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 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 who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A licensed lawyer can review the evidence used to justify your claim and present additional evidence, should it be required. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This could be a great asset in your appeals.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency has not correctly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional evidence of your medical condition. A medical expert is one example. They may be able show that the pain you are experiencing is due to your service-related injury and is disabling. They might also be able to help you obtain the medical records that are required to prove your claim.