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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 earn profits often make use of their benefits. This is why you should hire a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. But it comes at a price.

Class Action Settlement

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

Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the agency to repay him for the benefits he was deprived of and to amend its policies on race discharge status, 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 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 likely to receive an application for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white russellville veterans disability law firm.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black mcdonough veterans disability lawyer.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than acceptable. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages, and wants the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk, who was a volunteer for coal City veterans disability attorney his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're thinking of appealing a decision, it is essential to do so as soon as you can. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal is in line with all the requirements and it is heard in a fair manner.

A qualified lawyer will be able to review the evidence that was used to back your claim and provide additional evidence when needed. A lawyer who understands the VA's issues can be more sympathetic to your circumstance. This can be an invaluable advantage during your appeals procedure.

One of the most common reasons a veteran's disability claim can be denied is because the agency hasn't correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your condition. A medical expert, for example, may be able to prove that your pain is caused by your service-related injury and is in a way limiting. They might be able assist you in obtaining the medical records needed to support your claim.