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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 exploited by attorneys who use their benefits to make a profit. This is why you require an attorney that is certified 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 crash has won a major victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has systematically 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 that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He would like the VA to reimburse him for benefits it has not provided him, and to modify their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability 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 in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to examine the the systemic 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

The veterans who have served our country in uniform or those who accompany them deserve honest answers about veterans disability compensation and its effect on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and arduous route.

He was denied services at the rate of significantly more than white people. The discrimination was racial and pervasive, 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 redress for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for Veterans disability (Petinnate.Com) will help you ensure that your appeal complies with all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to support your claim, and if necessary, submit new and additional evidence. The lawyer will also understand the challenges of dealing with the VA and can create a higher level of empathy for your situation. This can be a huge advantage in the appeals process.

One of the most common reasons a veteran's disability claim is denied is because the agency hasn't properly described their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified attorney will be able to work with medical experts to provide additional evidence of your health condition. A medical expert, for example, may be able prove that the pain you are experiencing is due to your service-related injury and that it is debilitating. They may be able to assist you in getting the medical records required to prove your claim.

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