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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 exploited by attorneys who use their benefits as a way to earn money. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the 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 higher rate than those of 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 psychiatric nurse who retired, Veterans disability Lawsuits claims that the discrimination of the VA has caused him and other black veterans disability lawyer to suffer in ways that have affected their health, homes or work and education. He wants the agency to reimburse him for benefits he was deprived of and to change its policies on race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted 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 an application for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatizing memories with each application and re-application for benefits the suit says.

The lawsuit seeks damages in the form of money and also asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt 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 victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was less than honorable due to the fact that there were two battles due to an undiagnosed post-traumatic disorder. His battle for the VA to approve his claim for disability compensation was a long and difficult road.

He was denied access at an amount that was significantly higher 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 racial bias was systemic and widespread. It claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for Veterans Disability Lawsuits benefits if the applicant is not satisfied with an opinion of the agency. It is essential to appeal a decision as fast as you are able. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal complies with all requirements and it receives a fair hearing.

A qualified lawyer can examine the evidence used to support your claim and submit additional evidence in the event of need. A lawyer also knows the challenges of dealing with the VA and this could create a higher level of understanding for your situation. This can be a significant benefit in your appeals.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly characterized their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able to work with medical professionals to provide additional proof of your medical condition. A medical professional, for example, may be able show that your pain is due to the injury you sustained while working and is disabling. They may also be able help you obtain the medical records needed to support your claim.