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

hurricane veterans disability law firm with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You should hire 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 fatal aircraft carrier crash has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to pay him back the benefits it has denied him and to change their policies regarding race and discharge status as well as denial rates.

Last 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 new square veterans disability law Firm Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought 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 points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

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

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

Alimony Discrimination

The veterans who were in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect laguna niguel veterans disability attorney' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but his discharge was not a prestigious one because there were two battles because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at a much higher rate than white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A licensed lawyer will be able to review the evidence that was used to support your claim and submit additional evidence and documentation should it be required. A lawyer also knows the challenges of dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to receive the benefits you need. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your situation. A medical professional for instance, might be able prove that your pain is due to your service-related injury and is in a way limiting. They may assist you obtain the medical records that are required to prove your claim.

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