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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a 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 documents 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 over the past three decades.

Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He would like the VA to reimburse him for benefits it has denied him, and to modify their policies regarding race, veterans Disability lawsuit discharge status, and denial rates.

In the past 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. The data revealed that Black Veterans were statistically less prone to be granted the claim 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.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm as he relived the most traumatic memories each time he applied and re-application for benefits, the suit states.

The lawsuit is seeking monetary damages and wants the court order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them deserve honest answers about the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members other than alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but then his discharge was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and arduous path.

He was denied services at an rate that was much higher than white people. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on his behalf by the National veterans disability lawyers Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of veterans Disability lawsuit Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you're considering appealing an agency decision, it's crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.

A licensed lawyer will be able to review the evidence used to support your claim and submit additional evidence when needed. A lawyer also knows the challenges involved in dealing with the VA and could lead to a greater level of understanding for your situation. This can be a valuable benefit in your appeals.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional proof of your health condition. For example, a medical expert may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They might also be able help you get the medical records that are required to prove your claim.