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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 taken advantage of by lawyers who use their benefits to make a profit. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. However, it comes with the cost of.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, 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. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the agency to compensate him for benefits that it has taken him out of and to alter 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 data last year through Freedom of Information Act request that they made on behalf of National veterans disability attorneys Council for Legal Redress as well as the Black veterans disability attorneys Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than an honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional harm as he relived some of his most painful memories with each application and re-application for benefits the suit claims.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans against claims from family members and creditors in the case of alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, however was discharged that was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a much higher rate than white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A licensed lawyer can examine the evidence that was used to justify your claim and present additional evidence and documentation when needed. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be a valuable benefit to your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your situation. A medical professional, for example, may be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabling. They might also be able to help you get the medical records that are required to prove your claim.