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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. This is why you require an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, 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 as well as their education, employment and home. He would like the VA to reimburse him for benefits 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 in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or Veterans Disability Lawsuits education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honorable. This "bad paper" prevented him from getting the home loan, tuition assistance and veterans Disability lawsuits other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most painful memories through each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and also asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by family members and creditors in the case of child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at a much more frequent rate than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an agency decision, it's essential to do so immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets a fair hearing.

A qualified lawyer can review the evidence used to justify your claim and present additional evidence and documentation should it be required. A lawyer will also know the difficulties of dealing with the VA and can increase the level of understanding for your situation. This can be an important benefit to your appeals.

One of the main reasons that a veteran's claim for disability is rejected is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will be able work with medical professionals to provide additional proof of your health condition. For instance medical experts could be able to prove that the pain you suffer is a result of your service-connected injury and that it is disabling. They might also be able to help you get the medical records required to prove your claim.