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

Veterans Disability attorney with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. You need an attorney that is licensed to manage VA claims.

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

Class Action Settlement

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

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by 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. Monk wants the VA to reimburse him for benefits he has been deprived of, and to modify its policies regarding race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans disability lawyer from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered emotional damage from having to relive the most traumatic memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and seeks to have the court require the VA to examine the systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve honest answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding journey.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability lawsuit Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an equitable hearing.

A lawyer with experience can look over the evidence used to prove your claim and, should it be necessary, present new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA and can result in a greater degree of understanding for your situation. This can be a valuable advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A lawyer who is qualified will be able to consult with medical experts to provide additional evidence of your condition. A medical expert could, for instance, be able to prove that your pain is caused by the injury you sustained while working and is debilitating. They may also be able to help you obtain the medical records that are needed to support your claim.