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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 targeted by lawyers who make use of their benefits as a source of cash. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has won a major victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner 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. He alleges that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, Veterans Disability Law as per agency records obtained by Monk and the Yale Law School veterans disability lawyers Legal Services Clinic.

Monk, an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans disability compensation to suffer in ways that have impacted their health, home or work and education. He demands that the agency repay him for the benefits it has deprived him of and to amend its policies on race as well as discharge status and denial rates.

Last 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 disability Law (cn.dreslee.com) Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

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

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 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 in each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and seeks to have the court order the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them require honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts can take away veterans disability lawyers' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims made by creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and arduous route.

He was denied access at an rate that was much higher than his 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 racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans disability attorneys.

Appeal

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. It is essential to appeal a decision as soon as you are able. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal complies with all the requirements and it is heard in a fair manner.

A competent lawyer will review the evidence used to support your claim and, should it be necessary, present additional and more convincing evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This could be a great benefit in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly defined their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to get the benefits you need. An experienced attorney will be able work with medical professionals to provide additional proof of your health condition. A medical professional is one example. They may be able to prove that the pain you are experiencing is due to your service-related injury and is debilitating. They could be able to assist you in getting the medical records required to prove your claim.