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Veterans 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 should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, veterans disability lawsuit schizophrenia and other mental disorders related to an air carrier crash that killed a number of people has a huge victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans disability settlement during the past three decades.

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He would like the VA to compensate him for the benefits that it has denied him, and to modify their policies on 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 Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for Veterans disability lawsuit disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits the suit states.

The lawsuit seeks financial damages and wants the court orally order the VA to examine the systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them deserve honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that Veterans Disability Lawsuit can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors in the case of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a higher rate than white counterparts. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans disability legal like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. If you are considering appealing the decision, it is important to appeal in the earliest time possible. An experienced lawyer in veteran disability appeals can help you ensure that your appeal meets all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, if necessary, submit new and additional proof. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your situation. This can be a significant asset in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly described their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A lawyer who is qualified will be able to work with medical professionals to provide additional proof of your condition. For example, a medical expert might be able demonstrate that the pain you feel is related to your service-connected injury and is causing you to be disabled. They might also be able to help you obtain the medical records required to support your claim.