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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won an important victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected 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 was deprived of and to change its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans disability lawsuit than it was for white veterans.

Discrimination 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 or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still is owed money for his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit seeks damages in the form of money, and wants the court to order 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 survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, however he received a discharge that was less than honorable because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and difficult path.

He was denied services at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to take action to end decades of discrimination against Black veterans disability lawyers. It seeks justice for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an appeal, it's essential to do so as soon as you can. A lawyer with experience in appeals for veterans disability can help ensure that your appeal meets all the requirements and it is heard in a fair manner.

A licensed lawyer can review the evidence used to back your claim and provide additional evidence should it be required. A lawyer who is familiar with the VA's challenges can be more sympathetic to your situation. This could be a valuable advantage during your appeals procedure.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't properly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. For example medical experts might be able demonstrate that the pain you experience is a result of your service-connected injury and is disabling. They might also be able to assist you get the medical records needed to support your claim.