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

Attorneys who profit from disabled veterans to make profits often make use of their benefits. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has won a major victory. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. 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 greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. He demands that the agency compensate him for benefits he has been deprived of, and to modify its policies regarding race discharge status, 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 through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans disability lawyer of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most painful memories with each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and wants the court order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like 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

The veterans who have served our country in uniform or those who accompany them need truthful answers regarding veterans disability compensation and veterans disability law firms its effect on money issues in divorce. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims by creditors and family members in the case of alimony and child support.

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

He was denied access at a rate significantly higher than his white peers. 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 discrimination was systemic and widespread. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans disability law firms. It seeks to redress Monk and other veterans who are like Monk.

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 crucial to appeal a decision as soon as you can. An experienced lawyer in veteran disability appeals can help you ensure that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit additional evidence if necessary. The lawyer will also understand the difficulties of dealing with the VA and can create a higher level of empathy for the situation. This could be a great advantage during your appeals procedure.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly defined their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A qualified lawyer will be able to consult with medical experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able prove that your pain is caused by your service-related injury, and is debilitating. They may also be able assist you in getting the medical evidence you need to prove your claim.