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

Attorneys who profit from disabled veterans to make money often use their benefits. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a significant victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Disability Lawsuit Legal Services Clinic.

Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He demands that the agency compensate him for benefits that it has taken him out of and to alter its policies regarding 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 through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans disability law firms of color was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit asserts that he suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial compensation and asks the court to direct the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by family members and creditors in the case of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later his discharge was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied access at a rate significantly higher than white people. This racial discrimination was systemic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and Veterans Disability Lawsuit similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing the decision, it is important to appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A licensed lawyer can review the evidence that was used to back your claim and provide additional evidence, if necessary. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be a huge advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly classified their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able to collaborate with medical specialists to provide additional proof of your condition. A medical expert for instance, might be able to prove that your pain is caused by your service-related injury and that it is disabled. They might be able assist you in getting the medical evidence you need to prove your claim.