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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a manner that has affected their health, home life, employment, and education. He would like the VA to compensate him for the benefits that it has denied him and to amend their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National veterans disability lawyers Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans disability settlement of color than for white veterans.

Discrimination due to PTSD

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

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honourable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional trauma from reliving the most traumatic memories through each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and asks the court to require the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that the state courts can confiscate veterans disability legal' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation against claims from family members and creditors, except for child support and alimony.

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 received several medals for veterans disability lawsuit his work, but he was later given a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than white people. According to the lawsuit brought in 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 lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A licensed lawyer can review the evidence used to prove your claim and then submit additional evidence if necessary. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for your situation. This can be an important benefit in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly defined their condition. A qualified attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your condition. A medical expert for instance, might be able prove that the pain you are experiencing is due to your service-related injury, and is disabled. They may also be able assist you in getting the medical records you require to support your claim.