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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you should hire a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the VA to reimburse him for the benefits it has not provided him, and to modify their policies on race, 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 filed on behalf of the National veterans disability lawsuit Council for Legal Redress and the Black veterans disability lawyer Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday, veterans Disability Lawsuit the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

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

The lawsuit seeks monetary damages and wants the court decide to require the VA to review systemic PTSD bias. The lawsuit is the latest attempt 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 survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however he received a discharge that was not a prestigious one because he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's essential to do so immediately. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal complies with all requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence used to prove 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 could result in a greater degree of empathy for your circumstance. This can be a significant advantage in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency has not correctly characterized their condition. A skilled attorney will ensure that your condition is properly classified and rated, veterans Disability lawsuit allowing you to claim the benefits you require. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your medical condition. For instance medical experts might be able prove that the pain you are experiencing is related to your service-connected injury and that it is causing you to be disabled. They might be able assist you in getting the medical evidence you need to prove your claim.