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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 exploited by attorneys who use their benefits to make a profit. This is the reason you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier which killed dozens has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly 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 and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans disability attorneys over the past three decades.

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, their home lives and employment as well as education. He demands that the agency repay him for the benefits it has deprived him of and to alter its policies regarding race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans disability attorney Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk signed up 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. He was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most painful memories each time he applied and re-application for benefits, the suit says.

The lawsuit is seeking monetary damages and also to require the VA to review 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 victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can take away veterans disability attorney' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' payments from the 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 numerous medals, but the discharge he received was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an appeal, it's important that you do so as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all requirements and it gets a fair hearing.

A qualified lawyer can review the evidence used to prove your claim, and when necessary, submit additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your situation. This can be a significant benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A professional attorney will also be able work with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able to prove that your pain is a result of your service-related injury and is disabled. They might also be able help you obtain the medical records that are required to prove your claim.