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

veterans disability attorney with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an air carrier crash that killed dozens of people has won a significant victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in 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, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA reimburse him for benefits it has deprived him of and to amend its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans disability attorney.

Discrimination against PTSD

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

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories in each application and re-application, the suit claims.

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

Alimony Discrimination

People who have served their country in uniform or those who accompany them require honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for disability compensation was a long and arduous route.

He was denied benefits at a much higher rate than white peers. This racial discrimination was systemic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to deal with 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 essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present additional and more convincing evidence. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This can be an invaluable advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your condition. For instance an expert in medical practice might be able demonstrate that the pain you experience is related to your service-connected injury and is causing impairment. They may also be able assist you in obtaining the medical records needed to prove your claim.