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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash which killed dozens has won a major victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to the agency's records obtained by Monk and Veterans Disability Lawsuit the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He would like the VA to compensate him for the benefits that it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black veterans Disability lawsuit Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans disability lawsuit between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatic memories with each application and re-application, the suit claims.

The lawsuit is seeking monetary damages and also to order the VA to review systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable because there were two battles because of a post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at a rate significantly higher than white people. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability case Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans disability lawsuit. It seeks justice for Monk and similar veterans disability lawsuit.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A licensed lawyer can examine the evidence used to prove your claim, and should it be necessary, present new and additional evidence. A lawyer also knows the challenges involved in dealing with the VA and could lead to a greater level of empathy for your situation. This could be a great benefit in your appeals process.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your health condition. For example an expert in medical practice might be able demonstrate that the pain you suffer is due to your service-related injury and that it is disabling. They may also be able to help you get the medical records that are required to support your claim.