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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and Veterans disability lawsuit other mental health disorders linked to a fatal aircraft carrier crash has won a major victory. However, it comes with a huge cost.

Class Action Settlement

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

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. Monk wants the VA to repay him for the benefits it has deprived him of and to change its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black veterans disability lawsuit Project. The data revealed that Black veterans were statistically less likely to receive 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.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is 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 provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not an honorable. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks damages in the form of money and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his service, but 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 and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according 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. The suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A qualified lawyer can review the evidence that supports your claim, and if needed, provide new and additional proof. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be a significant benefit in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional evidence of your medical condition. A medical professional for instance, might be able to demonstrate that your pain is due to your service-related injury and is debilitating. They might also be able help you get the medical records that are needed to support your claim.