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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. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate 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. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans Disability attorney to be affected in ways that have impacted their health, homes or work and education. Monk wants the VA to reimburse him for the benefits it has denied him, and to modify their policies on 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 that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted 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 and helping move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by creditors and family members, except for alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, however he received a discharge that was less than honorable because he was battling two times due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long and winding journey.

He was denied benefits at a much greater rate than his white counterparts. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on his behalf by the National veterans disability law firms Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. If you're thinking of appealing an appeal, it's essential to do so immediately. A lawyer with experience in appeals for veterans disability can help ensure that your appeal meets all requirements and it is heard in a fair manner.

A lawyer with experience can look over the evidence to support your claim, and should it be necessary, veterans Disability attorney present additional evidence. A lawyer will also know the difficulties of dealing with the VA and this could result in a greater degree of understanding for your situation. This can be a valuable asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your health condition. For example an expert in medicine may be able to show that the pain you experience is a result of your service-connected injury and that it is causing impairment. They could be able to assist you in getting the medical records required to prove your claim.