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

Attorneys who exploit disabled veterans to earn money often use their benefits. You need an attorney that is licensed to manage 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 won an important victory. However, it comes at cost.

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 the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, 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 affected their health, homes, employment and education. He wants the agency to compensate him for benefits he has been deprived of and to amend 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 past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have denied claims made by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to overturn the discharge and was awarded a wide 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 trauma from reliving some of his most painful memories each time he applied and re-application for benefits, the suit says.

The lawsuit seeks financial damages and wants the court order the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them need honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors including child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, but he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied services at an rate that was much higher than his white peers. The discrimination was racial and widespread, as per 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 claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing an agency decision, it's important that you do so immediately. An experienced lawyer in appeals for veterans disability can help ensure that your appeal meets all the requirements and you are given a fair hearing.

A competent lawyer will review the evidence used to support your claim, and if necessary, submit additional evidence. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstances. This could be a valuable advantage in the appeals process.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will be able work with medical professionals to provide additional evidence of your medical condition. For instance medical experts could be able to prove that the pain you are experiencing is due to your service-related injury and is disabling. They might also be able to help you obtain the medical records required to support your claim.