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

Attorneys who profit from disabled veterans to make money often use their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an air carrier crash that killed a number of people has won a major victory. But it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to 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. 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 much higher rate than white veterans Disability lawsuit in the last three decades.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He is requesting that the VA reimburse him for the benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.

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

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not an honorable. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as 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 their nation in uniform, or who accompany them deserve honest answers regarding the benefits for veterans and their impact on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims by creditors and family members including child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans disability attorneys. It seeks justice for Monk and similar veterans disability attorneys.

Appeal

The VA's Board of Veterans Appeals reviews claims for Veterans Disability Lawsuit benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing the decision, it is important to appeal in the earliest time possible. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal meets all the requirements and that it receives a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to justify your claim and present additional evidence and documentation when needed. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This can be an invaluable advantage during your appeals procedure.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you require. A reputable lawyer will also be able to consult with medical professionals to provide additional proof of your medical condition. For example medical experts may be able to show that the pain you are experiencing is due to your service-related injury and is causing disability. They might also be able help you obtain the medical records required to prove your claim.