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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched a major victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans disability settlement by denying disability compensation claims at a significantly 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. He claims that VA has denied his disability claims at a more frequent rate than white veterans disability lawyer over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans disability lawyer to be affected in ways that have affected their health, home, employment and education. He would like the VA to reimburse him for benefits it has denied him and to amend their policies on race and discharge status as well as 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 data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans disability lawsuit from 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans disability litigation. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have denied claims made by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans disability attorneys who have served our nation in uniform, or who accompany them need truthful information about the benefits for veterans and their effect on money issues in divorce. 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 true. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but later the discharge he received was less than honorable due to the fact that he had two fights caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long, winding path.

He was denied benefits at a much higher rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit filed 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 was aware of and Veterans disability Lawsuit failed to address decades of discrimination against Black veterans. It seeks justice for Monk and Veterans Disability Lawsuit other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is important that you do so immediately. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal meets all the requirements and you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to prove your claim and then submit additional evidence, if necessary. A lawyer will also know the challenges of dealing with the VA and this could result in a greater degree of empathy for your circumstance. This can be an invaluable advantage during your appeals procedure.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A professional attorney will also be able to collaborate with medical experts to provide additional evidence of your health condition. For example medical experts could be able to prove that the pain you are experiencing is due to your service-related injury and that it is causing disability. They might be able assist you in getting the medical evidence you need to prove your claim.