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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision which killed dozens has been awarded a significant victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing 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. He claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. Monk wants the VA to pay him back the benefits that it has denied him and to change their policies on race and discharge status as well as 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered severe emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and seeks the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve honest answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims made by creditors and family members with the exception of child support and alimony.

Conley Monk, a 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, but his discharge was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than white people. 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. It alleges that the VA knew about and did not take action to deal with decades of discrimination against Black veterans disability attorneys. It seeks justice for Monk and similar Veterans disability Lawsuit.

Appeal

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 considering appealing an agency decision, it's crucial to file an appeal as soon as you can. An experienced lawyer in appeals for disabled veterans will help you ensure that your appeal complies with all the requirements and that it receives a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, should it be necessary, present additional evidence. A lawyer also knows the difficulties involved in dealing with the VA and could lead to a greater level of empathy for your situation. This could be a great benefit to your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't properly characterized their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your situation. A medical expert could, for instance, veterans disability lawsuit be able to demonstrate that your pain is a result of your service-related injury, and is debilitating. They might assist you get the medical records needed to support your claim.