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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 money often use their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an air carrier crash that killed a number of people has been awarded a significant victory. However, it comes with a huge price tag.

Class Action Settlement

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

Monk, a former psychiatrist, says that discrimination from VA has caused him, and other 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 modify its policies on race, discharge status and Veterans Disability Lawsuits denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and Veterans Disability Lawsuits was given an unworthy military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit states.

The lawsuit seeks financial damages, and wants the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but then was discharged that was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and difficult road.

He was denied benefits at a greater rate than his white counterparts. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the veterans disability attorneys Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A qualified lawyer will be able to review the evidence used to support your claim and submit additional evidence in the event of need. A lawyer will also know the challenges involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be a huge advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A lawyer who is qualified will be able of working with medical specialists to provide additional evidence of your condition. A medical expert, for example, may be able show that your pain is due to the injury you sustained while working and is debilitating. They may assist you obtain the medical records that are required to support your claim.