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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 rely on their benefits. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed a number of people has a huge victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a 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. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the VA to pay him back the benefits that it has denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans disability lawyer 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 basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He ended up 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" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatic memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and seeks to have the court orally order the VA to examine the systemic PTSD bias. The lawsuit is the latest attempt 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

The veterans who were in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans disability law firms can get their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, however was discharged that was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. The fight to get the VA to accept his claim for disability compensation was a long, winding road.

He was denied benefits at a higher rate than white peers. This discrimination against blacks was widespread and widespread, as per 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. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans like Monk.

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. If you are considering appealing the decision, it is important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.

A lawyer with experience can look over the evidence used to prove your claim, and when necessary, submit additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This can be a significant asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your situation. A medical expert for instance, might be able to prove that your pain is caused by your service-related injury and that it is debilitating. They could be able to assist you in getting the medical records required to support your claim.