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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 way to earn money. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won a major victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much 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. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School veterans disability attorney Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He is requesting that the VA repay him for the benefits it has deprived him 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 via Freedom of Information Act requests that they made 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 the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for veterans Disability Law firms white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money due to his past denials of disability compensation. He also suffered emotional harm from reliving some of his most painful memories through each application and re-application for benefits, Veterans Disability Law Firms the suit says.

The lawsuit seeks monetary damages and wants the court require the VA to review systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who are their companions deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied at an rate that was much higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans 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 combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of veterans Disability law firms Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and should it be necessary, present new and additional proof. The lawyer will also be aware of the challenges involved in dealing with the VA and can increase the level of empathy for the situation. This could be a great benefit to your appeals.

One of the main reasons that a veteran's claim for disability can be denied is because the agency has not correctly classified their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you need. A lawyer who is qualified will be able to consult with medical experts to provide additional evidence of your health condition. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury, and is disabled. They could be able to assist you in obtaining the medical records needed to prove your claim.