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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 frequently use their benefits. This is why you require a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a deadly air carrier collision has won a major victory. However, it comes at the cost of.

Class Action Settlement

The Department of veterans disability lawyers Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He would like the VA to reimburse him for the benefits it has denied him, and to modify their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data 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 is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional harm from reliving the most traumatic memories in each application and re-application to receive benefits, the suit states.

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

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims made by family members and creditors in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than white people. This racial discrimination was systemic and pervasive, according 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 claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A lawyer with experience can look over the evidence that supports your claim and, if needed, provide additional evidence. The lawyer will also be aware of the difficulties of dealing with the VA and can increase the level of understanding for your situation. This can be a huge benefit in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly classified their condition. A qualified attorney will ensure that your condition is properly categorized and Veterans Disability Lawsuits rated, allowing you to get the benefits you need. A qualified attorney will be able to collaborate with medical professionals to provide additional proof of your medical condition. A medical expert is one example. They may be able prove that your pain is due to your service-related injury, and is debilitating. They might also be able to assist you get the medical records required to prove your claim.