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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. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision which killed dozens has been awarded a significant victory. However, it comes with a huge cost.

Class Action Settlement

The Department of veterans Disability lawsuit Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. Monk wants the VA to compensate him for the benefits that it has denied him and to amend their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black veterans disability law firm 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 disability law firm of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move equipment and troops to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This “bad paper” kept him from getting home loans or tuition aid, as well as other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court’s order for the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women’s Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that courts in the state can garnish veterans’ VA compensation to pay for child support and alimony. It’s not true. Congress has carefully crafted the law 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 volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but was discharged that was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. This discrimination against Blacks was systematic 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 asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

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 an appeal, it’s important that you do so as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an equitable hearing.

A qualified lawyer can review the evidence that supports your claim and, if necessary, submit new and additional evidence. The lawyer will also be aware of the challenges of dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This could be a valuable asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn’t correctly described their condition. An experienced attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able of working with medical experts to provide additional evidence of your medical condition. For instance, a medical expert might be able prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They might also be able to assist you obtain the medical records required to support your claim.