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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 need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a 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. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to pay him back the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The veterans disability lawsuit Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and also to order the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them need truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims by creditors and family members including child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, however his discharge was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. His battle for the VA to approve his claim for disability compensation was a long and difficult route.

He was denied access at the rate of significantly more than white people. 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 racial bias was systemic and widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to 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 a decision, it is important that you do so as soon as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal complies with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence that was used to support your claim and submit new and additional evidence in the event of need. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstances. This could be a great asset in your appeals process.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency hasn't properly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional proof of your medical condition. For Veterans Disability Lawsuits example an expert in medical practice could be able to prove that the pain you suffer is a result of your service-connected injury and that it is causing impairment. They may also be able to help you obtain the medical records that are required to support your claim.