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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is the reason you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying 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 during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. He demands that the agency repay him for the benefits he was deprived of and to amend its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black veterans disability lawyers Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims filed by Black veterans disability attorney in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he suffered emotional trauma by reliving the most painful memories with every application for veterans disability attorney benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who are their companions deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims by 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 from combat zones. He was awarded numerous medals for his service, but he was later acquitted of a less honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. 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, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of and failed to deal with decades-long 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. If you're considering appealing the decision, it is important to appeal in the earliest time possible. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and, when necessary, submit additional and more convincing evidence. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This can be a valuable advantage in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. An experienced attorney will be able to work with medical professionals to provide additional evidence of your medical condition. For instance medical experts could be able to prove that the pain you suffer is due to your service-related injury and that it is causing disability. They may also be able to assist you obtain the medical records that are required to support your claim.