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

Veterans with disabilities are often targeted by lawyers who make use of their benefits to make a profit. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has a huge victory. But it comes with the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a 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 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 much higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA compensate him for benefits it has deprived him of and to alter its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorneys, as per the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional harm from reliving some of his most traumatizing memories with each application and re-application, the suit states.

The lawsuit is seeking monetary damages and seeks to have the court require the VA to examine the the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members 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-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but then his discharge was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeals

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. If you're thinking of appealing the decision, it is important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an impartial hearing.

A licensed lawyer can examine the evidence that was used to support your claim and submit additional evidence, in the event of need. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This can be a significant advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A reputable lawyer will also be able to collaborate with medical experts to provide additional evidence of your health condition. For example an expert in medical practice may be able to show that the pain you suffer is due to your service-related injury and that it is disabling. They might assist you obtain the medical records required to support your claim.