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

veterans disability claim with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has won an important victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans disability case. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as others of black veterans disability case, to suffer in a way that has affected their health, their home lives, employment, and education. He demands that the agency reimburse him for benefits he has been deprived of and to alter its policies regarding race discharge status, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans disability legal than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims made by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. That "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories in each application and re-application for benefits, veterans disability compensation the suit says.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to look into the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our nation in uniform and those who are their companions deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, however was discharged that was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. It is important to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A licensed lawyer will be able to review the evidence that was used to back your claim and provide additional evidence should it be required. A lawyer also knows the challenges involved in dealing with the VA, and this can create a higher level of empathy for your situation. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you require. A reputable lawyer will also be able to collaborate with medical experts to provide additional evidence of your condition. For instance medical experts may be able to show that the pain you feel is due to your service-related injury and that it is causing disability. They might also be able help you obtain the medical records that are needed to support your claim.