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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. You should hire an attorney who is licensed to manage VA claims.

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

Class Action Settlement

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

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. Monk wants the VA to compensate him for the benefits that it has denied him, and veterans disability attorney to alter their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they submitted 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 be granted an appeal for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the veterans disability lawyers Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and also to require the VA to review systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but the discharge he received was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at an rate that was much higher than his 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, the discrimination against Black Veterans Disability Attorney was systematic and widespread. It claims that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and, should it be necessary, present new and additional evidence. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstances. This can be a valuable advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, veterans disability attorney allowing you to get the benefits you require. A reputable lawyer will also be able to consult with medical professionals to provide additional proof of your situation. A medical expert is one example. They may be able show that your pain is due to your service-related injury and that it is in a way limiting. They could be able to assist you in obtaining the medical records needed to support your claim.