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

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans disability attorneys during the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He would like the VA to reimburse him for benefits that it has denied him and to amend their policies regarding 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 Council for Legal Redress and the Black Veterans Project. These data showed that Black veterans Disability Law were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability claim, according to a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories through each application and re-application for benefits the suit claims.

The lawsuit seeks damages in the form of money and also asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them deserve honest answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors with the exception of alimony and Veterans disability law child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, however he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA was aware of and failed to address decades of discrimination against Black veterans disability attorneys. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA's Board of veterans disability case Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you can. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal meets all the requirements and it receives a fair hearing.

A lawyer with experience can look over the evidence to support your claim and, should it be necessary, present new and additional proof. The lawyer will also understand the challenges involved in dealing with the VA and could create a higher level of empathy for your situation. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A reputable lawyer will also be able to work with medical specialists to provide additional proof of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you feel is a result of your service-related injury and that it is causing you to be disabled. They may assist you get the medical records that are required to prove your claim.