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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 profits often make use of their benefits. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won an important victory. But it comes with an expense.

Class Action Settlement

The Department of veterans disability claim Affairs has consistently discriminated against Black veterans disability settlement by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School veterans disability law Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He wants the agency to reimburse him for benefits he has been deprived of and to amend its policies regarding race discharge status, discharge status and 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 submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday, the veterans disability attorneys Affairs Department denies disability benefits to Black veterans. The suit was 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 historically denied claims filed by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to overturn the discharge, and was awarded a 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 some of his most traumatic memories each time he applied and re-application for benefits the suit states.

The lawsuit is seeking monetary damages and wants the court require the VA to look into the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them require truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and Veterans Disability Compensation troops out of conflict zones. He was awarded numerous medals, but then he received a discharge that was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. His battle for the VA to accept his claim for disability compensation was a long and arduous road.

He was denied benefits at a much more frequent 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 did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeals

The VA Board of veterans disability attorneys Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.

A licensed lawyer can examine the evidence to support your claim and, if necessary, submit new and additional proof. A lawyer also knows the difficulties involved in dealing with the VA, and this can increase the level of empathy for the situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A professional attorney will also be able work with medical professionals to provide additional evidence of your situation. For instance medical experts might be able prove that the pain you suffer is a result of your service-connected injury and that it is disabling. They could be able to assist you in getting the medical records you require to prove your claim.