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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier collision which killed dozens has been awarded a significant victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly 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. According to the documents obtained by Monk and the Yale Law School veterans disability attorneys Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the VA to reimburse him for the benefits it has denied him, and to modify their policies on race, 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, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given a less-than-honorable military discharge in 1971. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm as he relived the most traumatic memories each time he applied and re-application, the suit states.

The lawsuit seeks financial damages and asks the court to orally order the VA to look into systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them require truthful information about veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. This racial discrimination was systemic 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. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as fast as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and ensure that you are given a fair hearing.

A qualified lawyer will be able to review the evidence used to prove your claim and then submit additional evidence and documentation in the event of need. A lawyer who knows the challenges faced by the VA can be more understanding of your situation. This can be an important asset in your appeals.

A veteran's claim for disability is usually rejected 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 work with medical professionals to provide additional proof of your situation. A medical expert could, for instance, be able show that your pain is caused by your service-related injury and that it is in a way limiting. They might assist you get the medical records that are required to prove your claim.