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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 earn money often rely on their benefits. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash which killed dozens has won a significant victory. But it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse says that the 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. He demands that the agency repay him for the benefits that it has taken him out of and to amend its policies regarding race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results 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 disability lawyer was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was less than honourable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

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

Alimony Discrimination

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

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, however the discharge he received was not honorable as the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. 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. It asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you are able. A lawyer with experience in appeals for veterans disability (Arikkeu.Com) can help you ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A qualified lawyer can review the evidence that supports your claim and, should it be necessary, present additional evidence. A lawyer will also know the challenges involved in dealing with the VA and can lead to a greater level of empathy for the situation. This can be an important benefit to your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your condition. A medical expert for instance, might be able to demonstrate that your pain is a result of your service-related injury and is disabled. They might be able assist you in getting the medical records required to support your claim.