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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 frequently use their benefits. You should hire an attorney who is licensed to manage VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to compensate him for benefits he has been deprived of and to alter its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed 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 be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honourable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and also to order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims made by family members and creditors with the exception of child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but later the discharge he received was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. The discrimination was racial and widespread, according to the lawsuit filed on behalf of him by the National veterans disability lawyer Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an opinion of the agency. If you're thinking of appealing the decision, it is essential to do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A lawyer who is qualified will be able to review the evidence used to back your claim and provide additional evidence and documentation in the event of need. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstance. This can be an invaluable advantage during your appeals procedure.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly characterized their condition. A qualified attorney can make sure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A lawyer who is qualified will be able to work with medical specialists to provide additional evidence of your medical condition. For instance, a medical expert might be able demonstrate that the pain you experience is related to your service-connected injury and that it is disabling. They may also be able assist you in getting the medical records you require to support your claim.