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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits [just click the next website page]

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash which killed dozens has won a major victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to 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. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives, employment, and education. He demands that the agency reimburse him for benefits it has deprived him of and to amend 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 via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination 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 a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and also asks the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve truthful information about veterans disability attorneys disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims brought by creditors and family members, except for child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but then his discharge was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at a more frequent rate than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.

A lawyer who is qualified can examine the evidence that was used to support your claim and submit new and additional evidence when needed. The lawyer will also understand the difficulties involved in dealing with the VA, and this can increase the level of empathy for your situation. This could be a valuable advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A professional attorney will also be able work with medical professionals to provide additional proof of your medical condition. For instance, a medical expert might be able prove that the pain you experience is related to your service-connected injury and that it is causing you to be disabled. They may be able to assist you in obtaining the medical records needed to prove your claim.