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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 targeted by lawyers who make use of 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 was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has a huge victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans disability law firms. 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, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He demands that the agency compensate him for benefits it has deprived him of and to change its policies on race discharge status, discharge status and denial rates.

In the past year, Monk and the veterans disability lawyers Legal Services Clinic obtained 20 years of VA disability compensation claim information 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 data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was awarded a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatic memories with each application and re-application for benefits the suit states.

The lawsuit seeks damages in the form of money and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by creditors and family members, except for child support and alimony.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but then the discharge he received was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a higher rate than white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. If you are considering appealing an appeal, it's essential to do so as soon as possible. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal complies with all requirements and it receives a fair hearing.

A lawyer who is qualified can review the evidence that was used to back your claim and provide additional evidence, in the event of need. A lawyer will also know the challenges involved in dealing with the VA, and this can lead to a greater level of empathy for the situation. This could be a valuable advantage in the appeals process.

One of the most common reasons a veteran's disability claim is rejected is because the agency has not correctly classified their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your condition. For instance an expert in medicine might be able prove that the pain you are experiencing is a result of your service-connected injury and is causing impairment. They could be able to assist you in getting the medical records required to prove your claim.