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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has won a major victory. However, it comes with a hefty price tag.

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 significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, veterans disability attorney he claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. Monk wants the VA to compensate him for the benefits it has not provided him, and to modify their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through 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 a claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

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 being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle 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. The "bad paper" prevented him from getting aid for tuition, home loans and Veterans Disability Attorney other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.

The lawsuit seeks monetary damages and also to decide to require the VA to examine its the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans Disability attorney' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but was discharged that was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not combat decades of 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. If you're thinking of appealing an appeal, it's important to appeal as soon as possible. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal complies with all the requirements and you are given a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to support your claim and submit new and additional evidence if necessary. The lawyer will also be aware of the difficulties of dealing with the VA and could create a higher level of understanding for your situation. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able to work with medical experts to provide additional proof of your health condition. For instance medical experts could be able to prove that the pain you experience is related to your service-connected injury and that it is causing disability. They may be able to assist you in getting the medical records required to prove your claim.