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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has won a major victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of veterans disability law firms Affairs discriminates against Black veterans by refusing their disability claims in a manner 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. Monk claims VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for benefits that it has taken him out of and to change its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically 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 vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still is owed 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 traumatizing memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks monetary damages and asks the court's order for the VA to review 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 to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, Veterans Disability Lawsuits but he received a discharge that was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and Veterans Disability Lawsuits difficult road to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. The discrimination was racial and widespread, as per 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 knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. If you're considering appealing the decision, it is important that you do so as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all the requirements and it is heard in a fair manner.

A licensed lawyer will be able to review the evidence that was used to back your claim and provide additional evidence when needed. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This could be a great benefit in your appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't correctly characterized their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. An experienced attorney will be able to work with medical professionals to provide additional proof of your situation. For example an expert in medicine might be able demonstrate that the pain you feel is due to your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical records required to prove your claim.