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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that claimed the lives of dozens has a huge victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying 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 alleges that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, veterans Disability attorney an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home or work and education. He is requesting that the VA reimburse him for benefits it has deprived him of and to alter 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 submitted 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 the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims submitted by Black veterans disability attorney (visit this backlink).

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and veterans disability attorney 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit claims that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to decide to require the VA to examine the the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most commonly held misconceptions is that state courts can take away veterans disability lawsuit' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, however was discharged that was not a prestigious one because there were two battles because of a post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and winding road.

He was denied benefits at a higher rate than white counterparts. 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 claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as quickly as you can. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal complies with all the requirements and it receives a fair hearing.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present additional evidence, in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstance. This can be an important benefit to your appeals.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency hasn't properly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will also be able of working with medical experts to provide additional evidence of your medical condition. A medical expert is one example. They may be able prove that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might also be able help you get the medical records that are needed to support your claim.