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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is why you should hire a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to an air carrier crash that killed dozens of people has been awarded a significant victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner 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, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black phoenixville veterans disability law firm to be affected in ways that have affected their health, home or work and education. He demands that the agency repay him for the benefits that it has taken him out of and to amend its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought 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 cites evidence indicating that VA officials have historically denied claims filed by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he says the VA still has to pay him for his past denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve truthful answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call 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, however was discharged that was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed in his behalf by the National osceola veterans disability law firm Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as fast as you can. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all requirements and you are given a fair hearing.

A lawyer who is qualified can review the evidence that was used to justify your claim and present new and additional evidence should it be required. A lawyer who knows the challenges of the VA will be more sympathetic to your situation. This can be a huge advantage in the appeals process.

One of the main reasons a veteran's disability claim is denied is due to the agency hasn't correctly classified their condition. A qualified attorney can make sure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. An experienced attorney will be able to work with medical professionals to provide additional evidence of your situation. For instance, a medical expert may be able to show that the pain you suffer is related to your service-connected injury and is causing you to be disabled. They may be able to assist you in getting the medical records you require to prove your claim.