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

Attorneys who exploit disabled veterans to earn money often use their benefits. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that killed dozens of people has won a major victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. Monk wants the VA to reimburse him for the benefits that it has denied him, and to modify 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 information 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. This data showed that Black veterans disability legal were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

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

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and also to orally order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need truthful answers regarding the benefits for veterans disability law and their impact on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect Veterans Disability Lawsuit' payments against claims from family members and creditors including alimony and child support.

Conley Monk volunteered 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 he received a discharge that was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied at a rate significantly higher than his white peers. 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, this racial discrimination was systemic and widespread. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of veterans disability case Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing a decision, it is crucial to file an appeal as soon as possible. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal is compliant with all requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and should it be necessary, present new and additional evidence. The lawyer will also be aware of the difficulties of dealing with the VA, and this can increase the level of empathy for your circumstance. This can be a significant advantage in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly classified their condition. An experienced attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able prove that your pain is caused by your service-related injury and is disabling. They may also be able to assist you obtain the medical records required to prove your claim.