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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 make money often use their benefits. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has won a major victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of veterans disability claim Affairs discriminates against Black veterans disability compensation by denying their disability claims, at a rate that is significantly 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. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He demands that the agency pay him back for benefits he has been deprived of and to amend its policies regarding race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans disability attorneys. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatic memories with each application and Veterans Disability Litigation re-application, Veterans Disability Litigation the suit says.

The lawsuit seeks monetary damages and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. 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 has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members including alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding journey.

He was denied services at an amount that was significantly higher than white people. According to the lawsuit filed on his behalf by the National veterans disability litigation - mouse click the next page, Council for Legal Redress at Yale Law School and the veterans disability attorneys Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as soon as you are able. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal complies with all the requirements and that it gets a fair hearing.

A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstance. This can be an important asset in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly defined their condition. A qualified attorney can make sure that your condition is correctly classified and rated, allowing you to get the benefits you need. A reputable lawyer will also be able to consult with medical professionals to provide additional evidence of your situation. For instance, a medical expert could be able to prove that the pain you experience is due to your service-related injury and that it is causing impairment. They might also be able to help you obtain the medical records that are needed to support your claim.