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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has a huge victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the last 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, homes, employment and education. He is requesting that the VA reimburse him for the benefits they have denied him, and to modify their policies regarding race, 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 data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans disability Attorney. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans disability law firm.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to battle zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honourable. The "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money due to the denials he received in the past of disability compensation. The suit also claims that he suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages, and wants the court to direct 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 end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

veterans disability lawyer who have served our country in uniform or those who accompany them require honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims by family members and creditors, except for alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This racial discrimination was systemic and pervasive, according to 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 alleges that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

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 are considering appealing an appeal, it's important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A licensed lawyer can examine the evidence used to prove your claim, and if necessary, submit new and additional evidence. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstance. This can be a valuable advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able to work with medical experts to provide additional evidence of your health condition. A medical professional is one example. They may be able show that your pain is a result of your service-related injury and is in a way limiting. They may be able to assist you in obtaining the medical records needed to prove your claim.