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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 taken advantage of by lawyers who use their benefits as a cash cow. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal air carrier collision has won a major victory. However, it comes with the cost of.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans disability lawyers were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color veterans disability compensation was 6.3 percent higher than white veterans.

Discrimination due to PTSD

The veterans disability attorney Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and seeks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who are their companions deserve honest answers about the veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for veterans disability compensation alimony and child support. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims made by family members and creditors in the case of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then his discharge was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied at the rate of significantly more than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National veterans disability attorney Council for Legal Redress and the veterans disability attorney Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans disability lawyers similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence if necessary. The lawyer will also be aware of the challenges of dealing with the VA, and this can result in a greater degree of empathy for your situation. This can be a huge asset in your appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your health condition. A medical expert for instance, might be able show that your pain is caused by the injury you sustained while working and is in a way limiting. They might also be able to help you get the medical records needed to support your claim.