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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 exploited by attorneys who use their benefits as a source of cash. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans disability law firm by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old 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 last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. Monk wants the VA to compensate him for benefits he was deprived of, and to modify its policies on race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, 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 an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. That "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatic memories each time he applied and re-application for benefits, the suit says.

The lawsuit seeks financial compensation and seeks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

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

A licensed lawyer can examine the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This could be a great advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified lawyer will also be able of working with medical experts to provide additional evidence of your situation. A medical professional is one example. They may be able prove that your pain is due to your service-related injury, and is disabling. They may also be able help you obtain the medical records needed to support your claim.