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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash which killed dozens has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per agency records 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 suffer in ways that have affected their health, home work, education and employment. He is requesting that the VA pay him back for benefits he has been deprived of and to alter its policies on race, 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 by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. He also suffered emotional trauma from reliving some of his most traumatic memories with each application and re-application for benefits the suit says.

The lawsuit seeks financial compensation and also asks the court to order the VA to examine 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 into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress has carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by family members and creditors, except for alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult road.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans disability law firms. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of veterans disability attorney Appeals examines claims for benefits in the event that a claimant disagrees an opinion of the agency. If you are considering appealing the decision, it is crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives a fair hearing.

A lawyer who is qualified can examine the evidence that was used to support your claim and submit additional evidence, when needed. The lawyer will also be aware of the difficulties of dealing with the VA and could create a higher level of empathy for your circumstance. This can be a significant advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A reputable lawyer will also be able to work with medical experts to provide additional evidence of your medical condition. A medical expert is one example. They may be able to prove that the pain you are experiencing is due to the injury you sustained while working and is disabling. They may also be able to assist you obtain the medical records required to support your claim.