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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 need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School veterans disability lawsuit (https://m1bar.com) Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He wants the agency to compensate him for benefits he has been deprived of and to change 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 which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatizing memories in each application and re-application, the suit says.

The lawsuit seeks monetary damages and asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them deserve honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by creditors and family members in the case of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but later his discharge was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied at an amount that was significantly higher than white people. 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. The suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans disability lawyers who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. If you're thinking of appealing a decision, it is crucial to file an appeal as soon as you can. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is in line with all the requirements and it gets a fair hearing.

A qualified lawyer can review the evidence that supports your claim and, if necessary, submit new and additional proof. A lawyer will also know the difficulties of dealing with the VA and could create a higher level of empathy for the situation. This can be a huge advantage during your appeals procedure.

One of the most common reasons a veteran's disability claim is denied is because the agency has not correctly characterized their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will also be able of working with medical experts to provide additional evidence of your medical condition. For instance an expert in medicine could be able to prove that the pain you feel is a result of your service-related injury and is causing impairment. They may assist you get the medical records required to support your claim.