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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 as a cash cow. This is why you should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered 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

The Department of Veterans Affairs has systematically discriminated against Black veterans disability law firms by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for the benefits they have denied him and to change their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

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

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the 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 seeks to have the court decide to require the VA to review systemic PTSD bias. It is the latest effort 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

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-related money issues. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted the law in Title 38, U.S. Code to protect Veterans Disability Attorney' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on his behalf 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 confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing the decision, it is important that you do so immediately. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal meets all the requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence that was used to support your claim and submit new and additional evidence when needed. The lawyer will also understand the difficulties involved in dealing with the VA and could lead to a greater level of empathy for your circumstance. This could be a valuable advantage in the appeals process.

One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't properly classified their condition. A qualified attorney will ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A qualified attorney will also be able work with medical experts to provide additional evidence of your situation. A medical professional is one example. They may be able to demonstrate that your pain is caused by your service-related injury, and is debilitating. They may also be able to help you get the medical records required to support your claim.

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