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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has won a significant victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed 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 points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black veterans disability lawsuit in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than honourable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatic memories through each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and also to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require truthful information about veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was not honorable as the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA Board of veterans disability lawsuit Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.

A licensed lawyer can examine the evidence used to support your claim, and if needed, provide additional evidence. A lawyer who understands the VA's challenges can be more understanding of your situation. This can be an invaluable advantage during your appeals procedure.

One of the most common reasons a veteran's disability claim is denied is because the agency hasn't correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional proof of your medical condition. For instance an expert in medicine may be able to show that the pain you feel is a result of your service-related injury and is causing you to be disabled. They may be able to assist you in obtaining the medical records needed to prove your claim.