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

Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. But it comes with the cost of.

Class Action Settlement

The Department of veterans disability attorneys Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a 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 more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He wants the agency to repay him for the benefits he has been deprived of and to alter its policies regarding race discharge status, 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 via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to 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 that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit is seeking monetary damages and asks the court to require the VA to examine the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments against claims from creditors and family members with the exception of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight for 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 peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. It is essential to appeal a decision as swiftly as you can. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is compliant with all requirements and ensure that it is heard in a fair manner.

A competent lawyer will review the evidence used to prove your claim, and if necessary, submit new and additional evidence. A lawyer also knows the difficulties involved in dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This can be an invaluable advantage in the appeals process.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency hasn't properly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will be able to work with medical professionals to provide additional proof of your condition. For example an expert in medicine might be able prove that the pain you are experiencing is a result of your service-connected injury and is causing impairment. They may also be able help you get the medical records needed to support your claim.