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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He is requesting that the VA reimburse him for benefits that it has denied him and to change their policies regarding race and discharge status as well as 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 submitted 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 be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination in PTSD

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

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" hindered him from receiving the home loan, tuition assistance 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 has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit is seeking monetary damages and asks the court to order the VA to examine the the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require honest answers regarding 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 alimony and child support. This is not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long, winding journey.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA was aware of and failed to address 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 if the claimant is dissatisfied with to a decision of the agency. If you are considering appealing the decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A lawyer who is qualified can review the evidence that was used to prove your claim and then submit additional evidence and documentation in the event of need. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This can be a huge advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency has not properly described their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will be able to work with medical specialists to provide additional evidence of your situation. For instance, a medical expert might be able prove that the pain you suffer is a result of your service-related injury and that it is causing you to be disabled. They may also be able assist you in getting the medical records required to prove your claim.