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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. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash which killed dozens has a huge victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA compensate him for benefits he has been deprived 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 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. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color Veterans Disability Lawsuits was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to stop the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatic memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks damages in the form of money, and wants the court to direct the VA to review 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 victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them need truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims made by family members and creditors with the exception of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at a much higher rate than white counterparts. This racial discrimination was systemic and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you can. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal meets all requirements and it gets a fair hearing.

A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence when needed. A lawyer will also know the difficulties of dealing with the VA and this could result in a greater degree of empathy for your circumstance. This could be a valuable advantage during your appeals procedure.

One of the primary reasons a veteran's disability claim is rejected is because the agency has not correctly defined their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your health condition. A medical professional, for example, may be able to prove that your pain is a result of your service-related injury and that it is disabled. They may also be able assist you in obtaining the medical records needed to support your claim.