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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 often rely on their benefits. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He demands that the agency reimburse him for benefits that it has taken him out of and to alter its policies on 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 by way of Freedom of Information Act requests that they made 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 receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. 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 provides evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial compensation and asks the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need honest answers about veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He received several medals for his service, but he was later issued 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 an rate that was much higher than white people. This racial discrimination was systemic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the veterans disability lawyers Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans disability law firm. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.

A qualified lawyer can review the evidence that supports your claim, and if necessary, submit new and additional proof. A lawyer who knows the VA's issues can be more sympathetic to your circumstance. This can be an important benefit in your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your condition. For example an expert in medicine might be able demonstrate that the pain you suffer is a result of your service-connected injury and is causing impairment. They may also be able to assist you obtain the medical records that are needed to support your claim.

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