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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 taken advantage of by lawyers who use their benefits to make a profit. This is why you should hire a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash that killed a number of people has won a significant victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed 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 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, he claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans Disability Attorneys to suffer in ways that have impacted their health, home, employment and education. He is requesting that the VA pay him back for benefits it has deprived him of and to change its policies on race, 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 through Freedom of Information Act requests which they filed on behalf of the National veterans disability attorneys Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Disability Law Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories each time he applied and re-application to receive benefits, the suit states.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine its systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, should be aware of the truth about veterans disability law disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by family members and creditors with the exception of 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 issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied services at a rate significantly higher than his white peers. 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. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans disability law. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. If you're thinking of appealing the decision, Veterans disability law it is important that you do so immediately. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal complies with all the requirements and that it is heard in a fair manner.

A lawyer who is qualified is able to examine the evidence used to prove your claim and then submit new and additional evidence when needed. A lawyer will also know the difficulties involved in dealing with the VA and could lead to a greater level of empathy for your circumstance. This can be a huge advantage during your appeals procedure.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency hasn't properly characterized their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your medical condition. A medical professional for instance, might be able to demonstrate that your pain is caused by your service-related injury, and is debilitating. They may also be able help you get the medical records that are required to prove your claim.