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veterans disability law Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawyer Disability Lawsuits

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. This is why you should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans disability lawyers. 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 Disability Lawsuit Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He demands that the agency reimburse him for benefits that it has taken him out of and to amend its policies on race, discharge status and denial rates.

Monk and Veterans Disability Lawsuit 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 as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans disability legal.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to orally order the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members, except for alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but then he received a discharge that was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and arduous path.

He was denied access 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 disability litigation Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an assessment made by the agency. It is crucial to appeal a decision as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence to support your claim and, if needed, provide additional and more convincing evidence. A lawyer also knows the challenges of dealing with the VA and this could result in a greater degree of empathy for your circumstance. This could be a great benefit to your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. A qualified lawyer will be able to work with medical professionals to provide additional evidence of your condition. For example an expert in medicine may be able to show that the pain you are experiencing is a result of your service-related injury and that it is causing you to be disabled. They could be able to assist you in getting the medical evidence you need to prove your claim.