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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 was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that 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, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He would like the VA to reimburse him for benefits it has denied him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans disability lawsuit from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans disability attorney.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" kept 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 was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most painful memories in each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and also asks the court to require the VA to review 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 into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an assessment made by the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A lawyer who is qualified will be able to review the evidence used to support your claim and submit additional evidence when needed. A lawyer also knows the difficulties of dealing with the VA and can lead to a greater level of empathy for your circumstance. This could be a great advantage during your appeals procedure.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A reputable lawyer will also be able of working with medical experts to provide additional proof of your medical condition. A medical professional, for example, may be able to prove that your pain is caused by the injury you sustained while working and is debilitating. They might assist you get the medical records that are needed to support your claim.