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

veterans disability attorneys with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. This is why you require an attorney that is certified to deal with VA claims.

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

Class Action Settlement

The Department of veterans disability lawsuit Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. He would like the VA to reimburse him for the benefits they have denied him and to change their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed 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 decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims made by Black veterans in adisproportionate manner.

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

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional damage from having to relive the most traumatic memories each time he applied and re-application, the suit states.

The lawsuit seeks monetary damages and also to order the VA to examine the the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most popular myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by family members and creditors including alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but later he received a discharge that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. The discrimination was racial and pervasive, according 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. It claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

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. If you're thinking of appealing an agency decision, it's crucial to file an appeal as soon as you can. An experienced lawyer in veteran disability appeals can help ensure that your appeal meets all the requirements and that it receives a fair hearing.

A lawyer who is qualified can review the evidence that was used to support your claim and submit additional evidence and documentation should it be required. A lawyer also knows the difficulties involved in dealing with the VA and this could increase the level of empathy for the situation. This can be a significant benefit in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A qualified attorney will be able to work with medical experts to provide additional evidence of your health condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is disabling. They might also be able to assist you obtain the medical records that are required to prove your claim.

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