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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal air carrier collision has won an important victory. But it comes with the cost of.

Class Action Settlement

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

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He is requesting that the VA pay him back for benefits that it has taken him out of and to alter its policies regarding race discharge status, discharge status and 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 and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he received a discharge that was not honorable. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional damage from having to relive the most traumatic memories with each application and re-application for benefits, the suit says.

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

Alimony Discrimination

People who have served in the military or were a part of those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed on his behalf by the National veterans disability lawsuit, http://www.maxtremer.com/bbs/board.php?bo_table=qna_e&wr_id=684488, Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing an appeal, it's important to appeal in the earliest time possible. An experienced lawyer in veteran disability appeals can help you ensure that your appeal is in line with all the requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence used to support your claim, and should it be necessary, present additional evidence. A lawyer also knows the challenges of dealing with the VA, and this can result in a greater degree of understanding for your situation. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your situation. For instance, a medical expert may be able to show that the pain you suffer is related to your service-connected injury and is causing impairment. They might be able assist you in obtaining the medical records needed to support your claim.