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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans Disability attorney Disability Lawsuits

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash that killed dozens of people has won a major victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. Monk wants the VA to reimburse him for benefits it has not provided him and to amend their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black veterans disability attorney were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not honourable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories in each application and re-application for benefits the suit states.

The lawsuit seeks financial compensation and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law that is found 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, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied services at the rate of significantly more 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 disability attorneys Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an impartial hearing.

A lawyer with experience can look over the evidence used to support your claim and, should it be necessary, present new and additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This can be a significant asset in your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A professional attorney will also be able work with medical professionals to provide additional evidence of your situation. A medical expert for instance, might be able to prove that your pain is a result of the injury you sustained while working and is disabled. They may assist you get the medical records that are needed to support your claim.

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