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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 to earn profits often make use of their benefits. This is the reason you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that claimed the lives of dozens has a huge victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA pay him back the benefits it has not provided him, and to alter their policies regarding race, discharge status, and denial rates.

Last year, Monk and veterans disability attorney the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than honourable. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories through each application and re-application for benefits the suit states.

The lawsuit is seeking monetary damages and also to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them deserve honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans disability attorneys' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and winding path.

He was denied benefits at a more frequent rate than his white peers. According to the lawsuit brought in 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 claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar Veterans Disability Attorney.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. It is essential to appeal a decision as soon as you can. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal meets all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence used to justify your claim and present additional evidence in the event of need. The lawyer will also understand the difficulties involved in dealing with the VA and this could increase the level of understanding for your situation. This can be a significant benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified lawyer will be able to consult with medical professionals to provide additional proof of your health condition. A medical expert is one example. They may be able show that your pain is caused by your service-related injury and that it is disabled. They might be able assist you in getting the medical evidence you need to prove your claim.

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