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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 the reason 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 fatal aircraft carrier crash has won a major victory. But it comes with the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. 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 more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life, employment, and education. Monk wants the VA to reimburse him for the benefits that it has denied him and to amend their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday that the veterans disability lawyer Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm as he relived some of his most painful memories through each application and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by family members and creditors including child support and alimony.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but the discharge he received was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied access at an rate that was much higher than his white peers. According to the lawsuit brought 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. It asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA's Board of veterans disability law firm Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A qualified lawyer is able to examine the evidence that was used to prove your claim and then submit additional evidence should it be required. A lawyer also knows the difficulties involved in dealing with the VA and can increase the level of empathy for your situation. This can be an important asset in your appeals.

One of the primary reasons a veteran's disability claim is denied is because the agency has not correctly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will be able to consult with medical professionals to provide additional proof of your health condition. For instance an expert in medical practice might be able prove that the pain you suffer is due to your service-related injury and that it is disabling. They might also be able to assist you get the medical records required to prove your claim.