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

veterans disability law firms with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier which killed dozens has won a major victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He demands that the agency compensate him for benefits he was deprived of and to amend its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden 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 was awarded an unjust discharge that was less than honorable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court require the VA to review the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them need truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but later his discharge was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. The fight for the VA to approve his claim for disability compensation was a long and difficult road.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is important to appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.

A lawyer who is qualified can review the evidence used to justify your claim and present new and additional evidence if necessary. The lawyer will also be aware of the difficulties involved in dealing with the VA, and this can result in a greater degree of empathy for your circumstance. This could be a great asset in your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional proof of your health condition. A medical professional, for example, may be able to prove that your pain is caused by your service-related injury, and is debilitating. They may be able to assist you in obtaining the medical records needed to support your claim.
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