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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 as a source of cash. You require 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 conditions linked to a deadly aircraft carrier crash has clinched an important victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per 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 claims that VA has denied his disability claims at a higher rate than those of white veterans in the last 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 discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He wants the VA to pay him back the benefits that it has denied him and to change their policies regarding race and discharge status as well as 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 results 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% 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 suit was filed 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 historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve honest answers about the benefits for veterans disability attorneys and their influence on the financial aspects of divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at a higher rate than his white peers. The discrimination was racial and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

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 a decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A lawyer who is qualified can examine the evidence that was used to prove your claim and then submit additional evidence when needed. A lawyer will also know the challenges of dealing with the VA, and this can increase the level of understanding for your situation. This can be an important advantage in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly classified their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your health condition. For example an expert in medical practice might be able demonstrate that the pain you suffer is a result of your service-related injury and is disabling. They may be able to assist you in obtaining the medical records needed to prove your claim.