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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability [content] Lawsuits

Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has won an important victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the 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 much higher rate than white veterans in the last three decades.

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to pay him back for benefits that it has taken him out of and to amend its policies on race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans disability attorney from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even being 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 decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit is seeking monetary damages and also to decide to require the VA to review the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them deserve honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then his discharge was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of veterans disability law firm Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you are considering appealing an agency decision, it's important that you do so in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A lawyer with experience can look over the evidence to support your claim, and should it be necessary, present new and additional proof. A lawyer who understands the VA's challenges can be more sympathetic to your circumstance. This can be an important benefit to your appeals.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency hasn't properly characterized their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. A qualified attorney will be able work with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able to demonstrate that your pain is caused by your service-related injury, and is disabling. They may also be able assist you in getting the medical records you require to prove your claim.