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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 money often use their benefits. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans disability attorney during the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the VA to pay him back the benefits they have denied him and to amend their policies on 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most painful memories through each application and re-application, the suit says.

The lawsuit seeks damages in the form of money and seeks the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by family members and creditors in the case of child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding path.

He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought 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 did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. It is crucial to appeal a decision as swiftly as you are able. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal is compliant with all requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence used to support your claim and, when necessary, submit new and additional proof. The lawyer will also understand the difficulties involved in dealing with the VA and this could increase the level of empathy for your circumstance. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your medical condition. For instance, a medical expert may be able to show that the pain you are experiencing is due to your service-related injury and that it is disabling. They may be able to assist you in getting the medical records required to support your claim.