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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 use their benefits. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that killed a number of people has won a major victory. However, it comes with a huge cost.

Class Action Settlement

The Department of veterans disability law firms Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He wants the agency to compensate him for benefits he was deprived of and to alter its policies on race discharge status, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

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

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving the most painful memories with every application for benefits.

The lawsuit seeks damages in the form of money and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them need honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and winding journey.

He was denied at a rate significantly higher 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, the discrimination against Black veterans disability law firm was systematic and widespread. The lawsuit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as possible. A lawyer who is experienced in appeals for disabled veterans can help you ensure that your appeal is compliant with all the requirements and you are given a fair hearing.

A qualified lawyer can review the evidence to support your claim, and when necessary, submit additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and could result in a greater degree of understanding for your situation. This can be a significant advantage in your appeals.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly described their condition. A qualified attorney can ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your condition. A medical professional for instance, might be able to prove that your pain is a result of your service-related injury, and is disabling. They may also be able help you get the medical records that are needed to support your claim.