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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier collision has won an important victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans disability attorneys in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He demands that the agency reimburse him for benefits he was deprived of and to alter its policies on race, 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 which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for Veterans Disability Lawsuits previous denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most painful memories through each application and re-application for benefits, the suit states.

The lawsuit seeks damages in the form of money and also asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims brought by family members and creditors, except for alimony and child support.

Conley Monk was a volunteer 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 for his service, but he was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and arduous route.

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, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. If you're thinking of appealing the decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an equitable hearing.

A licensed lawyer is able to examine the evidence used to back your claim and provide additional evidence when needed. The lawyer will also understand the challenges involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be an invaluable asset in your appeals process.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to work with medical experts to provide additional proof of your condition. A medical expert could, for instance, be able show that the pain you are experiencing is due to your service-related injury and that it is debilitating. They may also be able to assist you get the medical records required to support your claim.