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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 should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He would like the VA to reimburse him for benefits they have denied him, and to alter their policies regarding 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 that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans disability attorney than it was for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money due to his past denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve truthful information about the veterans disability compensation and its impact on financial issues in divorce. 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 carefully crafted Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and Veterans Disability Lawsuits family members, except for alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against blacks was widespread and widespread, according to the lawsuit brought 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 confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you are able. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and it is heard in a fair manner.

A competent lawyer will review the evidence that supports your claim and, when necessary, submit new and additional evidence. The lawyer will also be aware of the difficulties of dealing with the VA and this could increase the level of empathy for your circumstance. This can be a huge advantage in the appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly classified their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your health condition. For instance an expert in medicine might be able demonstrate that the pain you feel is a result of 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.