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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. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed a number of people has won a major victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA repay him for the benefits it has deprived him of, and to modify 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 last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 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

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. The suit claims that he also suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit seeks monetary damages, and wants the court to order the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans disability lawsuit can get their VA compensation garnished in order to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments against claims from creditors and family members including alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then the discharge he received was not a prestigious one because the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher 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 Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeal

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. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.

A lawyer who is qualified can examine the evidence that was used to back your claim and provide additional evidence in the event of need. The lawyer will also understand the difficulties of dealing with the VA and can lead to a greater level of understanding for your situation. This could be a great benefit to your appeals.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not properly described their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A reputable lawyer will also be able to work with medical experts to provide additional evidence of your situation. For example medical experts could be able to prove that the pain you suffer is related to your service-connected injury and is causing you to be disabled. They may be able to assist you in getting the medical evidence you need to support your claim.