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

Attorneys who profit from disabled veterans to make profits often make use of their benefits. This is why you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an air carrier crash that killed a number of people has won a major victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is significantly higher than white veterans. 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 much higher rate than white veterans in the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency repay him for the benefits he has been deprived of and to change its policies on race, discharge status and 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 which they filed on behalf of National Veterans Council for Legal Redress and the Black veterans disability law firms Project. These data showed that Black veterans disability attorney - mecosys.com, were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional harm from reliving some of his most traumatizing memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks damages in the form of money and asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them need honest answers about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer 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 numerous medals, but the discharge he received was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. The fight to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability attorneys Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. If you're thinking of appealing an agency decision, it's important that you do so immediately. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal meets all requirements and ensure that it is heard in a fair manner.

A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional proof. The lawyer will also understand the difficulties of dealing with the VA and could lead to a greater level of empathy for your circumstance. This can be a valuable advantage in your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency has not properly described their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your condition. For example an expert in medicine might be able demonstrate that the pain you suffer is related to your service-connected injury and that it is causing you to be disabled. They may assist you obtain the medical records that are required to prove your claim.