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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier collision has won a major Veterans disability lawsuits victory. But it comes with cost.

Class Action Settlement

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

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to reimburse him for benefits that it has taken him out of and to amend its policies on race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made 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 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims filed by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was less than honourable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most painful memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks financial damages and asks the court to orally order the VA to review systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult journey.

He was denied access at a rate significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans 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. It is important to appeal a decision as soon as you can. A lawyer with experience in veteran disability appeals can help ensure that your appeal is in line with all requirements and it is heard in a fair manner.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present additional evidence and documentation when needed. A lawyer who knows the VA's issues can be more understanding of your situation. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A reputable lawyer will also be able of working with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able demonstrate that the pain you experience is due to your service-related injury and is causing you to be disabled. They might also be able to assist you obtain the medical records required to support your claim.