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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 targeted by lawyers who make use of their benefits as a cash cow. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. 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, he claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to pay him back the benefits they have denied him and to change their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the 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 to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered a lot of emotional damage from having to relive the most traumatic memories through each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and seeks to have the court order the VA to review systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by family members and creditors in the case of child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable due to the fact that the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National veterans disability attorneys 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 confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as soon as you are able. An experienced lawyer in veteran disability appeals will help you ensure that your appeal complies with all requirements and ensure that you are given a fair hearing.

A qualified lawyer will be able to review the evidence used to back your claim and provide new and additional evidence should it be required. The lawyer will also understand the challenges of dealing with the VA and this could lead to a greater level of empathy for the situation. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. An experienced attorney will be able to work with medical professionals to provide additional evidence of your health condition. A medical expert for instance, might be able prove that your pain is caused by your service-related injury and that it is disabled. They might also be able help you get the medical records that are required to support your claim.