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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying 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. According to records obtained by Monk as well as the Yale Law School veterans disability lawsuit Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. Monk wants the VA to repay him for the benefits it has deprived him of, and to modify 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 by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white Veterans Disability Attorney.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought 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 that suggests that VA officials have previously denied claims made by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional trauma from reliving the most traumatic memories through each application and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and asks the court to decide to require the VA to examine the the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied 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 biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors in the case of alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but then was discharged that was not honorable as there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous road.

He was denied benefits at a more frequent rate than his white counterparts. This discrimination against Blacks was systematic and Veterans Disability Attorney pervasive, according the lawsuit brought on behalf of him by the National veterans disability law firms Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and submit new and additional evidence if necessary. A lawyer also knows the challenges of dealing with the VA and can increase the level of empathy for your circumstance. This can be a significant benefit in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will be able work with medical experts to provide additional evidence of your situation. A medical expert, for example, may be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is debilitating. They might also be able to assist you obtain the medical records required to prove your claim.