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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 should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a 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 during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He wants the VA to compensate him for the benefits that it has denied him and to amend their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through 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 prone to be granted an application for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and 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. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court order the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied them, veterans Disability lawsuits should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members in the case of alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later was discharged that was not a prestigious one because there were two battles because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied at the rate of significantly more 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. The suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing a decision, it is essential to do so immediately. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all the requirements and that you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to support your claim and submit additional evidence if necessary. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstances. This could be a great advantage in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A professional attorney will also be able work with medical professionals to provide additional evidence of your condition. A medical expert is one example. They may be able prove that your pain is a result of your service-related injury and is in a way limiting. They could be able to assist you in getting the medical evidence you need to prove your claim.