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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won an important 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 in denying their disability claims, at a rate that is significantly 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 and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to compensate him for the benefits they have denied him, and to alter 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 data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims filed by Black veterans disability lawyer in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and veterans disability Compensation troops to combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages, and wants the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them require honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans disability attorneys' compensation against claims from family members and creditors in the case of alimony and child support.

Conley Monk, Veterans Disability Compensation who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however the discharge he received was not honorable as he was battling two times because of a post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. This discrimination against Blacks was systematic 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 claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans disability attorneys.

Appeals

The VA's Board of veterans disability claim Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is essential to do so immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A qualified lawyer will be able to review the evidence that was used to justify your claim and present additional evidence in the event of need. A lawyer who knows the VA's challenges can be more understanding of your circumstance. This could be a great advantage during your appeals procedure.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency hasn't properly defined their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to get the benefits you require. 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 demonstrate that the pain you feel is related to your service-connected injury and that it is causing you to be disabled. They could be able to assist you in getting the medical records required to support your claim.