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veterans disability attorney (1004114 said in a blog post) 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 to make a profit. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won a major victory. But it comes with a hefty cost.

Class Action Settlement

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

Monk, an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to compensate him for benefits he was deprived of and to amend its policies on race, discharge status and 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 that they made on behalf of the National veterans disability law firms Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not an honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories in each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages, and wants the court to order 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 the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who are their companions deserve honest answers about the veterans disability compensation and its impact on money issues in divorce. 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 is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by family members and creditors, except for alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A qualified lawyer can review the evidence to support your claim, and if necessary, submit additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and this could create a higher level of empathy for your situation. This can be a significant advantage in your appeals.

One of the main reasons that a veteran's claim for disability is denied is because the agency has not correctly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your medical condition. For instance an expert in medicine could be able to prove that the pain you feel is related to your service-connected injury and that it is disabling. They may assist you get the medical records that are needed to support your claim.