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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision which killed dozens has won a significant victory. But it comes with the cost of.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is 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, home or work and education. He wants the VA to compensate him for the benefits they have denied him and to change their policies on race and discharge status as well as denial rates.

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

Discrimination basing it on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both 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 also claims that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial compensation and also asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments against claims from family members and creditors, except for child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later was discharged that was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit filed 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 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. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A qualified lawyer can review the evidence that was used to justify your claim and present additional evidence should it be required. A lawyer who knows the VA's challenges can be more sympathetic to your circumstances. 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 lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will also be able to work with medical experts to provide additional proof of your condition. For instance, a medical expert could be able to prove that the pain you are experiencing is due to your service-related injury and is causing you to be disabled. They might be able assist you in getting the medical records you require to prove your claim.