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

Attorneys who profit from veterans with disabilities to make money often use their benefits. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of veterans disability lawsuit Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and other black vets to suffer in a manner that has affected their health, home life work, education, and employment. He would like the VA to pay him back the benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which 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 receive an appeal for veterans disability lawsuit disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most painful memories in each application and re-application, the suit says.

The lawsuit is seeking monetary damages and wants the court decide to require the VA to examine the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them require truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members in the case of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long, long, and winding path 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 disability attorney Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. If you're considering appealing an appeal, it's important that you do so immediately. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence used to back your claim and provide additional evidence and documentation in the event of need. A lawyer who knows the VA's issues can be more sympathetic to your situation. This could be a valuable benefit in your appeals process.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't correctly classified their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able prove that the pain you experience is a result of your service-connected injury and that it is disabling. They may also be able to assist you obtain the medical records needed to support your claim.