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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. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier crash which killed dozens has been awarded a significant victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly higher than white veterans disability lawsuit. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He demands that the agency reimburse him for benefits he has been deprived of and to alter its policies regarding race, discharge status and denial rates.

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

Discrimination against PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans disability attorney. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans disability attorney.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than honourable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the most common myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by family members and creditors, except for alimony and child support.

Conley Monk, a devoted volunteer for his country, served 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 later the discharge he received was less than honorable because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at an amount that was significantly higher than white people. This racial discrimination was systemic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to address 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 claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.

A lawyer who is qualified can review the evidence that was used to prove your claim and then submit new and additional evidence when needed. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This can be a significant advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. A medical professional, for example, may be able to prove that your pain is due to your service-related injury and is disabling. They may assist you get the medical records required to prove your claim.