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

Attorneys who exploit disabled veterans disability compensation to earn money often use their benefits. This is the reason 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 disorders linked to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of veterans disability attorney Affairs has repeatedly 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 is 74 years old and Veterans Disability Lawsuit a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans disability attorneys during the last three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, and other black vets, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the agency to repay him for the benefits he has been deprived of and to amend its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday the Veterans 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, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit seeks monetary damages and seeks 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 demand the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, should be aware of the truth about veterans disability law disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation against claims from creditors and family members, except for child support and alimony.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however the discharge he received was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans disability lawsuit like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer who understands the VA's issues can be more understanding of your circumstance. This can be an invaluable asset in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly described their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, allowing you to get the benefits you need. A lawyer who is qualified will be able to work with medical professionals to provide additional evidence of your health condition. A medical professional for instance, might be able to prove that your pain is caused by your service-related injury and is in a way limiting. They may assist you obtain the medical records that are needed to support your claim.