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Charleston veterans disability lawyer Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans 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 in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and 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 during the past three decades.

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He is requesting that the VA pay him back for benefits he has been deprived of and to amend its policies regarding 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 as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional harm from reliving some of his most painful memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and seeks the court to require the VA to examine 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 victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, but then was discharged that was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied access at the rate of significantly more than white people. 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 discrimination against blacks was systematic and widespread. The suit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other lake bluff veterans disability lawsuit.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.

A qualified lawyer is able to examine the evidence used to support your claim and submit new and additional evidence when needed. The lawyer will also understand the difficulties of dealing with the VA and this could increase the level of empathy for the situation. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified lawyer will also be able to consult with medical specialists to provide additional proof of your condition. For example, a medical expert might be able prove that the pain you are experiencing is a result of your service-connected injury and that it is causing you to be disabled. They may also be able to assist you obtain the medical records required to support your claim.