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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 taken advantage of by lawyers who use their benefits to make a profit. This is why you should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has a huge victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA repay him for the benefits he has been deprived of and to amend its policies regarding race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not an honorable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and Veterans Disability Lawsuits 2020. However, he claims the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to examine the systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who are their companions deserve truthful information about the disability benefits of veterans and its effect on money issues in divorce. One of the most common myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by family members and creditors with the exception of child support and alimony.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge after getting into two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at a much more frequent rate than his white counterparts. 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

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 are considering appealing a decision, it is important that you do so immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an equitable hearing.

A licensed lawyer can examine the evidence to support your claim, and when necessary, submit new and additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This can be a valuable asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A qualified lawyer will be able to consult with medical experts to provide additional proof of your situation. A medical professional could, Veterans disability Lawsuits for instance, be able prove that your pain is a result of your service-related injury and that it is debilitating. They may also be able to help you get the medical records that are needed to support your claim.