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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 the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash which killed dozens has won a major victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white Veterans Disability Lawsuit, 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. He claims that VA has denied his disability claims at a more frequent rate than white veterans disability litigation over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to compensate him for benefits it has deprived him of and to alter its policies regarding race, discharge status and denial rates.

In the past year, Monk and the veterans disability lawyer Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was less than an honorable. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks financial compensation and seeks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve honest answers regarding the benefits for veterans disability legal and their impact on financial issues in divorce. One of the most common misconceptions is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but he was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Veterans Disability lawsuit Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as swiftly as you can. An experienced lawyer in veteran disability appeals can help ensure that your appeal meets all requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and then submit additional evidence and documentation in the event of need. A lawyer will also know the difficulties of dealing with the VA and could increase the level of empathy for your circumstance. This can be an invaluable advantage during your appeals procedure.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency has not correctly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your condition. For example, a medical expert might be able demonstrate that the pain you are experiencing is due to your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical records required to support your claim.