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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 exploited by attorneys who use their benefits as a cash cow. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much 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, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. Monk wants the VA to pay him back the benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans disability law firms (Going to Iwebplus) from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit is seeking monetary damages and also to order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them deserve truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. 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 isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors including alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but later he received a discharge that was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. The battle to get the VA to approve his claim for disability compensation was a long and difficult road.

He was denied services at an amount that was significantly higher than his white peers. The discrimination was racial and widespread, according to 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 alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

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 an appeal, it's essential to do so immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an equitable hearing.

A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence if necessary. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstances. This can be a valuable asset in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly classified their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional proof of your health condition. For example an expert in medical practice may be able to show that the pain you are experiencing is a result of your service-connected injury and that it is causing impairment. They may also be able assist you in getting the medical records you require to support your claim.