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

Attorneys who exploit disabled veterans to make money often rely on their benefits. This is the reason you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an air carrier crash which killed dozens has been awarded a significant victory. But it comes at the cost of.

Class Action Settlement

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

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits it has 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 past year as part of a 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 data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white Columbia falls veterans Disability law firm from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. This “bad paper” prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks damages in the form of money and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as 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

Veterans who have served our country in uniform or those who accompany them need honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn’t the case. Congress carefully designed Title 38 of the U.S. Code to protect the veterans’ compensation from claims brought by family members and creditors, except for alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but later the discharge he received was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous route.

He was denied services at a rate significantly higher than his white peers. According to the lawsuit brought in his behalf by the National callaway veterans disability lawsuit Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of valley stream veterans disability lawyer Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. If you’re thinking of appealing an agency decision, it’s important to appeal as soon as possible. An experienced lawyer in appeals to veterans’ disability cases will help you ensure that your appeal meets all the requirements and it receives a fair hearing.

A licensed lawyer will be able to review the evidence used to justify your claim and present additional evidence and documentation if necessary. The lawyer will also understand the challenges involved in dealing with the VA and this could increase the level of empathy for your circumstance. This can be a huge advantage in the appeals process.

One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn’t properly described their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your situation. For example an expert in medical practice might be able demonstrate that the pain you experience is due to your service-related injury and that it is disabling. They may assist you get the medical records that are required to support your claim.