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Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (luxuriousrentz.com)

Attorneys who exploit disabled veterans to make money often use their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has a huge victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to compensate him for the benefits it has not provided him and to change their policies regarding race and discharge status as well as denial rates.

Monk and the veterans disability lawyers 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 filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honourable. The “bad paper” did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks financial damages and asks the court to require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them require honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can take away veterans’ VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans’ funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding journey.

He was denied at an amount that was significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. If you’re thinking of appealing an appeal, it’s essential to do so in the earliest time possible. A lawyer with experience in appeals to veterans’ disability cases will help you ensure that your appeal complies with all requirements and ensure that it receives a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to prove your claim and then submit new and additional evidence should it be required. The lawyer will also be aware of the difficulties involved in dealing with the VA, and this can create a higher level of empathy for the situation. This can be a huge advantage in the appeals process.

One of the main reasons a veteran’s disability claim can be denied is because the agency hasn’t correctly described their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A reputable lawyer will also be able of working with medical experts to provide additional evidence of your condition. A medical professional is one example. They may be able to prove that your pain is due to the injury you sustained while working and is debilitating. They may also be able assist you in obtaining the medical records needed to prove your claim.