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

veterans disability compensation with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched a major Veterans Disability Compensation victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying 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. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a retired psychiatrist, says that discrimination by VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and Veterans Disability Compensation education. Monk wants the VA to reimburse him for benefits that it has taken him out of and to change its policies on race as well as discharge status and 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. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans disability attorney between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans disability case.

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans disability settlement.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and asks the court to require the VA to examine its systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve honest answers about veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a much more frequent rate than his white peers. The discrimination was racial and widespread, 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 and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an assessment made by the agency. If you are considering appealing an appeal, it's essential to do so immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, if necessary, submit additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your situation. A medical expert could, for instance, be able show that your pain is caused by your service-related injury and is disabled. They may also be able assist you in getting the medical records required to support your claim.