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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle [https://kizkiuz.com/user/LyleGainey58/ Veterans Disability Lawsuits]<br><br>Attorneys who profit from disabled veterans to make money often use their benefits. This is why you should hire an attorney with the right qualifications to deal with VA claims.<br><br>A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. But it comes with a substantial price tag.<br><br>Class Action Settlement<br><br>According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.<br><br>Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to pay him back for benefits he has been deprived of and to change its policies on race as well as discharge status and denial rates.<br><br>In the past 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.<br><br>Discrimination based on PTSD<br><br>According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.<br><br>Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.<br><br>He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.<br><br>The lawsuit seeks monetary damages and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.<br><br>Alimony Discrimination<br><br>The veterans who were in uniform or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims made by creditors and family members in the case of child support and alimony.<br><br>Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but was discharged that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.<br><br>He was denied access at a rate significantly higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the [https://www.mallangpeach.com:443/bbs/board.php?bo_table=free&wr_id=565474 veterans disability law firms] Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.<br><br>Appeals<br><br>The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as soon as you can. A lawyer with experience in veteran disability appeals will help you ensure that your appeal meets all requirements and you are given a fair hearing.<br><br>A licensed lawyer can review the evidence used to support your claim and submit additional evidence, in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstances. This can be an important asset in your appeals.<br><br>A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your condition. For example, a medical expert might be able prove that the pain you suffer is related to your service-connected injury and that it is causing impairment. They could be able to assist you in getting the medical records you require to prove your claim. |