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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 victimized by lawyers who use their benefits as a source of cash. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of veterans disability lawsuit (https://49.cholteth.com) Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits he was deprived of and to amend its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National veterans disability lawyer Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for Veterans Disability Lawsuit disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

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

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded a less-than-honorable military discharge in 1971. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his past denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

The lawsuit seeks financial compensation and also asks the court to require the VA to review 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 victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who are their companions deserve honest answers about the veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding path.

He was denied benefits at a much more frequent rate than his white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other 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 quickly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A competent lawyer will review the evidence to support your claim, and should it be necessary, present new and additional evidence. A lawyer who knows the challenges of the VA will be more understanding of your situation. This can be a significant benefit in your appeals.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your health condition. For example medical experts could be able to prove that the pain you suffer is a result of your service-connected injury and that it is disabling. They may also be able to assist you obtain the medical records that are required to prove your claim.