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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 to make a profit. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is much 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. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He demands that the agency reimburse him for benefits that it has taken him out of and to alter 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 information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most painful experiences on every application for benefits.

The lawsuit seeks financial damages and seeks to have the court require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims by family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his work, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and Veterans disability lawsuits widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not combat decades of discrimination against Black veterans disability lawyer. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA Board of veterans disability law firm Appeals examines claims for benefits if a claimant disagrees a decision made by the agency. It is important to appeal a decision as fast as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all the requirements and that you are given a fair hearing.

A competent lawyer will review the evidence that supports your claim and, if needed, provide new and additional evidence. A lawyer will also know the challenges involved in dealing with the VA and this could create a higher level of empathy for your situation. This could be a great benefit in your appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly classified their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your condition. For instance medical experts might be able demonstrate that the pain you feel is a result of your service-related injury and is disabling. They may also be able to assist you obtain the medical records that are required to prove your claim.