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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (links.musicnotch.Com)

Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that killed a number of people has won a major victory. However, it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old 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 much higher rate than those of white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, claims that discrimination by 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 is requesting that the VA repay him for the benefits he was deprived of, and to modify its policies on race discharge status, 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability 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 against PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatic memories through each application and re-application, the suit claims.

The lawsuit seeks monetary damages and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. 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, this discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

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. It is crucial to appeal a decision as quickly 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 requirements and it gets a fair hearing.

A qualified lawyer can review the evidence to support your claim and, should it be necessary, present new and additional proof. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstances. This can be an invaluable benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your situation. For example, a medical expert may be able to show that the pain you experience is due to your service-related injury and is causing disability. They may also be able to assist you get the medical records needed to support your claim.