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

Attorneys who profit from veterans with disabilities to make money often use their benefits. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to compensate him for the benefits that it has denied him, and to modify their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans 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 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered severe emotional harm as he relived some of his most painful memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and seeks to have the court orally order the VA to examine its systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an assessment made by the agency. If you are considering appealing an appeal, it's essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.

A competent lawyer will review the evidence that supports your claim and, if necessary, submit new and additional proof. The lawyer will also understand the difficulties involved in dealing with the VA and can increase the level of understanding for your situation. This could be a valuable advantage during your appeals procedure.

One of the main reasons that a veteran's claim for disability is denied is due to the agency has not correctly classified their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. A medical professional could, for instance, be able show that your pain is due to your service-related injury and is debilitating. They may assist you obtain the medical records required to prove your claim.