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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 need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has been awarded a significant victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans disability law firms over the last three decades.

Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to reimburse him for benefits it has not provided him and to change their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans disability attorneys of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and also asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, veterans disability to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need honest answers about veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims made by family members and creditors including alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, Veterans disability lengthy process to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. It is essential to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for veterans disability [library.pilxt.com] will help you ensure that your appeal meets all requirements and ensure that you are given a fair hearing.

A lawyer with experience can look over the evidence used to support your claim, and should it be necessary, present new and additional proof. A lawyer also knows the difficulties involved in dealing with the VA, and this can create a higher level of empathy for your situation. This can be a valuable asset in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly described their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A qualified lawyer will be able to collaborate with medical experts to provide additional evidence of your health condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They may be able to assist you in getting the medical records required to support your claim.