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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 as a cash cow. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won an important victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans disability lawyer over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA reimburse him for benefits they have denied him, and to modify their policies on race, discharge status, and denial rates.

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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks damages in the form of money and also asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require honest answers regarding veterans disability - what do you think, compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, however his discharge was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding route.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. If you're considering appealing the decision, it is crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals for veterans disability law firm disability will help you ensure that your appeal meets all requirements and it gets a fair hearing.

A lawyer who is qualified is able to examine the evidence used to support your claim and submit new and additional evidence if necessary. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This can be an important asset in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. An experienced attorney will be able work with medical experts to provide additional evidence of your condition. A medical professional could, for instance, be able prove that your pain is caused by the injury you sustained while working and is in a way limiting. They might also be able to help you obtain the medical records required to prove your claim.