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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. You need an attorney who is certified 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 with cost.

Class Action Settlement

The Department of Veterans Affairs has consistently 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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He would like the VA to reimburse him for the benefits that it has denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

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

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than honourable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and seeks the court to order the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims made by family members and creditors including child support and alimony.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, however his discharge was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and arduous route.

He was denied benefits at a rate significantly higher than white people. The discrimination was racial and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit 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 like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. It is important to appeal a decision as fast as you can. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal meets all the requirements and that it receives a fair hearing.

A lawyer with experience can look over the evidence used to support your claim and, when necessary, submit additional and more convincing evidence. A lawyer also knows the challenges involved in dealing with the VA and can lead to a greater level of empathy for your circumstance. This could be a great asset in your appeals.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency has not properly defined their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your situation. For instance an expert in medicine might be able demonstrate that the pain you feel is related to your service-connected injury and is causing disability. They might be able assist you in getting the medical evidence you need to prove your claim.