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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. You require an attorney who 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 collision has won a major victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed on 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. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He demands that the agency repay him for the benefits it has deprived him of and to amend its policies regarding race as well as discharge status and denial rates.

In the past 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 showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. 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 also to decide to require the VA to review systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve truthful information about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members including alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, however was discharged that was not honorable as the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's important to appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A competent lawyer will review the evidence that supports your claim and, if necessary, submit new and additional evidence. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstances. This can be a huge benefit in your appeals process.

One of the most common reasons a veteran's disability claim is denied is because the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A lawyer who is qualified will be able to work with medical experts to provide additional proof of your situation. A medical expert is one example. They may be able prove that your pain is caused by your service-related injury, and is debilitating. They might be able assist you in obtaining the medical records needed to support your claim.