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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 make profits often make use of their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and Veterans disability Law other mental health conditions linked to a deadly aircraft carrier crash has won an important victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for the benefits that it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Last year, Monk and the veterans disability litigation Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National veterans disability law Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans Disability law from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages, and wants 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 demand the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed on his behalf by the National veterans disability lawyers Council for Legal Redress at Yale Law School and the veterans disability attorney Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of veterans disability case Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an appeal, it's essential to do so as soon as you can. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal is compliant with all the requirements and that it is heard in a fair manner.

A licensed lawyer will be able to review the evidence that was used to justify your claim and present additional evidence and documentation if necessary. The lawyer will also understand the difficulties of dealing with the VA and this could lead to a greater level of empathy for your circumstance. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A qualified attorney will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A lawyer who is qualified will be able to work with medical specialists to provide additional proof of your health condition. A medical professional for instance, might be able to demonstrate that your pain is a result of your service-related injury, and is disabled. They might also be able help you obtain the medical records needed to support your claim.

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