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

Attorneys who exploit disabled veterans to make money often rely on their benefits. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won a major victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of veterans disability claim Affairs has systematically discriminated against Black veterans disability settlement by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in 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 who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, Veterans Disability Lawsuit employment and education. He would like the VA to pay him back the benefits it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Veterans Disability Lawsuit Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability law, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money due to his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories each time he applied and re-application, the suit claims.

The lawsuit is seeking monetary damages and asks the court to require the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most popular myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but then he received a discharge that was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and arduous route.

He was denied at a rate significantly higher than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National veterans disability law Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other Veterans disability lawsuit like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. If you are considering appealing a decision, it is important to appeal as soon as you can. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal meets all the requirements and it receives a fair hearing.

A lawyer who is qualified can examine the evidence used to back your claim and provide new and additional evidence in the event of need. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This can be a valuable benefit in your appeals.

One of the main reasons a veteran's disability claim is denied is due to the agency hasn't properly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able of working with medical specialists to provide additional proof of your condition. For example, a medical expert may be able to show that the pain you feel is related to your service-connected injury and is causing you to be disabled. They might be able assist you in getting the medical records you require to prove your claim.