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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 as a cash cow. This is why you should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won an important victory. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records 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 higher rate than white veterans over the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He wants the VA to pay him back the benefits that it has denied him, and to modify their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most painful memories in each application and re-application, the suit states.

The lawsuit seeks monetary damages and also to decide to require 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 pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members, except for alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied at the rate of significantly more than white people. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorney Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you can. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A licensed lawyer will be able to review the evidence used to support your claim and submit additional evidence when needed. The lawyer will also understand the difficulties involved in dealing with the VA and can increase the level of understanding for your situation. This can be an important advantage in your appeals.

One of the primary reasons a veteran's disability claim can be denied is because the agency has not correctly defined their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A lawyer who is qualified will be able to work with medical specialists to provide additional proof of your condition. A medical professional could, for Veterans Disability Lawsuits instance, be able prove that your pain is due to your service-related injury, and is disabling. They might also be able help you get the medical records needed to support your claim.