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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is why you require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly air carrier collision has won a major victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School veterans disability attorney Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans disability law firms to suffer in ways that have affected their health, home as well as their education, employment and home. He wants the agency to pay him back for benefits it has deprived him of and to alter its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks financial compensation and asks the court to direct the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most popular myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans against claims from family members and creditors with the exception of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding path.

He was denied benefits at a more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, Veterans Disability Lawsuits 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 failed to confront decades-old discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. It is important to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A lawyer with experience can look over the evidence used to support your claim, and if necessary, submit new and additional proof. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This could be a valuable advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able prove that your pain is due to your service-related injury and is debilitating. They might be able assist you in getting the medical evidence you need to support your claim.