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

Attorneys who profit from veterans with disabilities to make money often use their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an air carrier crash that killed dozens of people has won a major victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per documents 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 other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. He demands that the agency compensate him for benefits that it has taken him out of, and to modify its policies on race discharge status, discharge status and denial rates.

Monk and the veterans disability lawsuit Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. 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 reverse the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors 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 veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans may have their VA compensation garnished 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 veterans' payments from claims by creditors and family members in the case of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. According to the lawsuit filed on 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. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing a decision, Veterans Disability Lawsuits it is essential to do so as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A lawyer who is qualified can examine the evidence used to back your claim and provide new and additional evidence in the event of need. A lawyer also knows the difficulties of dealing with the VA and could increase the level of empathy for your situation. This can be an important advantage in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified attorney will also be able to work with medical experts to provide additional evidence of your health condition. A medical expert is one example. They may be able prove that your pain is due to your service-related injury and is in a way limiting. They may also be able assist you in getting the medical records required to prove your claim.