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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 need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying 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. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. Monk wants the VA to reimburse him for benefits that it has denied him, and to alter 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. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims filed by Black veterans disability law firm in adisproportionate way.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he claims 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 damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members in the case of alimony or child support.

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 several medals for his work, but he was later given a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and winding journey.

He was denied benefits at a much higher rate than his white counterparts. This discrimination against blacks was widespread and widespread, as per 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. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. It is crucial to appeal a decision as quickly as you are able. A lawyer with experience in appeals for disabled veterans will help you ensure that your appeal meets all requirements and it receives a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, should it be necessary, present new and additional proof. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be an important benefit to your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your health condition. A medical professional, for example, may be able show that your pain is caused by your service-related injury and that it is disabling. They might also be able to help you obtain the medical records required to support your claim.