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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 earn profits often make use of their benefits. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans. 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 higher rate than those of white veterans in the last three decades, as per the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He is requesting that the VA repay him for the benefits that it has taken him out of and to amend its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request, which they submitted 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 likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

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

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This “bad paper” kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women’s Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that state courts are able to garnish veterans’ VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans disability lawyer‘ benefits from claims of family members and creditors other than alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge after getting into 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 services at an amount that was significantly higher than white people. The discrimination was racial and pervasive, according to 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. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you’re considering appealing an appeal, it’s important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A qualified lawyer will be able to review the evidence that was used to support your claim and submit additional evidence and documentation when needed. A lawyer will also know the challenges involved in dealing with the VA and could result in a greater degree of understanding for your situation. This could be a great advantage in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency hasn’t properly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional proof of your condition. A medical expert could, for instance, be able to demonstrate that your pain is due to your service-related injury and is disabled. They may also be able to help you obtain the medical records required to prove your claim.