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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 should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has clinched an important victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans disability attorney by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in 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 last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for benefits it has denied him and to change their policies regarding race, discharge status, and denial rates.

Last 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 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 likely to be granted an application for disability than white veterans disability attorney between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

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

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional damage from having to relive some of his most painful memories each time he applied and re-application, the suit says.

The lawsuit seeks damages in the form of money and also asks the court to direct 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 force the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most popular myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding path.

He was denied benefits at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.

A licensed lawyer can examine the evidence that supports your claim and, when necessary, submit new and additional proof. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This could be a great benefit to your appeals.

One of the main reasons that a veteran's claim for disability is rejected is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your situation. A medical expert for instance, might be able prove that your pain is due to your service-related injury, and is disabling. They could be able to assist you in getting the medical records you require to prove your claim.