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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 exploited by attorneys who use their benefits to make a profit. This is why you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and Veterans Disability Lawsuits other mental illnesses related to a crash of an aircraft carrier that claimed the lives of dozens has won a major victory. But 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, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, who is a retired psychiatric nurse, claims that the discrimination of 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 repay him for the benefits it has deprived him of and to amend its policies on 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 data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatic memories each time he applied and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and also to order the VA to review systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims brought by family members and creditors in the case of alimony and child support.

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. He received several medals for his work, but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a greater 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. It claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans disability lawsuit.

Appeals

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 considering appealing an appeal, it's important that you do so in the earliest time possible. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and it gets a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to support your claim and submit new and additional evidence in the event of need. A lawyer who knows the challenges of the VA will be more sympathetic to your situation. This can be a huge advantage during your appeals procedure.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly described their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A lawyer who is qualified will be able to work with medical experts to provide additional proof of your condition. A medical professional, for example, may be able to prove that the pain you are experiencing is due to your service-related injury and that it is in a way limiting. They could be able to assist you in getting the medical records required to prove your claim.