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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has won a major victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School veterans disability attorneys Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, and other black vets, to suffer in a way that has affected their health, home life, employment, and education. He wants the agency to pay him back for benefits he was deprived of and to amend its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honourable. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial compensation and seeks the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative 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

Those who have served our nation in uniform, or who accompany them need truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, however his discharge was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. According to the lawsuit filed in 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 claims that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees a decision made by the agency. If you're thinking of appealing the decision, it is important to appeal as soon as possible. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and then submit new and additional evidence if necessary. A lawyer also knows the difficulties involved in dealing with the VA and this could increase the level of understanding for your situation. This can be a significant asset in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A lawyer who is qualified will be able to consult with medical experts to provide additional proof of your medical condition. A medical professional is one example. They may be able prove that the pain you are experiencing is due to your service-related injury and that it is in a way limiting. They might also be able help you get the medical records that are required to prove your claim.