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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 frequently use their benefits. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has clinched 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 significantly 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. He claims that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, Veterans Disability Lawsuits according to documents obtained by Monk and the Yale Law School veterans disability lawyer Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He would like the VA to reimburse him for benefits it has denied him and to change their policies regarding 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 disability lawyers Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for veterans disability lawsuits a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not honorable. That "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to look into the systemic PTSD bias. 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 victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation against claims from family members and creditors with the exception of child support and alimony.

Conley Monk was a volunteer 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 numerous medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied benefits at a much greater rate than his white counterparts. This racial discrimination was systemic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. If you're thinking of appealing an agency decision, it's essential to do so as soon as possible. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A licensed lawyer can review the evidence used to back your claim and provide additional evidence, should it be required. A lawyer will also know the difficulties involved in dealing with the VA and could lead to a greater level of understanding for your situation. This can be an invaluable benefit in your appeals process.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will also be able to work with medical experts to provide additional evidence of your health condition. For instance an expert in medical practice might be able demonstrate that the pain you suffer is a result of your service-connected injury and that it is disabling. They may also be able assist you in obtaining the medical records needed to prove your claim.