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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 profits often make use of their benefits. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans disability claim by refusing their disability claims in a manner 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. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He demands that the agency repay him for the benefits he was deprived of, and to modify its policies on race discharge status, discharge status, and 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 which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 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 a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and Veterans Disability settlement in 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm from reliving the most traumatic memories in each application and re-application, the suit claims.

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

Alimony Discrimination

People who have served in the military, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most popular myths is that veterans disability attorney can have their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but his discharge was not a prestigious one because the two battles he endured were due to an undiagnosed post-traumatic disorder. His battle for the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at a greater rate than his white peers. According to the lawsuit filed in his behalf by the National veterans disability lawyer Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans disability settlement (have a peek at this web-site). It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A qualified lawyer can review the evidence that supports your claim and, if necessary, submit additional evidence. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstances. This could be a great benefit in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly described their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A qualified lawyer will be able to collaborate with medical specialists to provide additional evidence of your situation. A medical expert, for example, may be able show that the pain you are experiencing is due to the injury you sustained while working and is disabled. They may also be able help you get the medical records that are required to support your claim.