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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 targeted by lawyers who make use of their benefits as a source of cash. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has won a major victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on 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 much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is 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 affected their health, homes as well as their education, employment and home. He wants the agency to pay him back for benefits he has been deprived of and to amend its policies on race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans disability attorney was 6.3 percent higher than white veterans disability lawsuit.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to rescind the discharge, and received a full range of 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 also to decide to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than white people. According to the lawsuit brought 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 was systematic and widespread. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation when needed. A lawyer will also know the challenges of dealing with the VA and can increase the level of empathy for your circumstance. This can be an invaluable advantage in the appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your health condition. For instance medical experts may be able to show that the pain you feel is a result of your service-connected injury and is causing disability. They might also be able help you get the medical records needed to support your claim.