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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 way to earn money. This is the reason you need 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 issues related to a deadly aircraft carrier crash has clinched a major victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the agency to repay him for the benefits he was deprived of and to alter its policies on race discharge status, discharge status and denial rates.

Last year, Monk and lawyers 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 the right to claim disability benefits than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

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

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks damages in the form of money and asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but later he received a discharge that was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long and winding route.

He was denied at an amount that was significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're considering appealing the decision, it is important to appeal immediately. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is in line with all the requirements and you are given a fair hearing.

A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence when needed. A lawyer also knows the difficulties of dealing with the VA and can lead to a greater level of understanding for your situation. This could be a great advantage during your appeals procedure.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly characterized their condition. An experienced attorney will ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your situation. A medical expert could, for instance, be able show that your pain is a result of your service-related injury and is disabled. They may also be able assist you in getting the medical records you require to prove your claim.