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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier collision has won a major victory. But it comes with the cost of.

Class Action Settlement

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

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. He is requesting that the VA compensate him for the benefits it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

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

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks monetary damages, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or veterans disability lawsuit who are their companions deserve honest answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed in his behalf by the National veterans disability Lawsuit Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. If you are considering appealing a decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A qualified lawyer can examine the evidence used to support your claim and submit additional evidence, in the event of need. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstances. This can be a huge benefit in your appeals process.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A professional attorney will also be able work with medical experts to provide additional proof of your condition. For example an expert in medical practice could be able to prove that the pain you experience is a result of your service-connected injury and that it is disabling. They could be able to assist you in obtaining the medical records needed to prove your claim.