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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability Lawsuits (jejucordelia.com)

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that killed a number of people has won a significant victory. However, it comes with the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per 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 the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He is requesting that the VA reimburse him for benefits he was deprived of and to amend its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks financial compensation and asks the court to direct the VA to review 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 long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. The discrimination was racial and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an appeal, it's important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.

A competent lawyer will review the evidence used to support your claim, and if needed, provide new and additional evidence. A lawyer will also know the challenges of dealing with the VA and can create a higher level of empathy for your situation. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you suffer is a result of your service-connected injury and that it is disabling. They may be able to assist you in getting the medical records required to prove your claim.