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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier collision has won an important victory. However, it comes at an expense.

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 the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans disability attorneys over the last three decades.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the agency to compensate him for benefits he has been deprived of and to amend its policies on race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability 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 basing it on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and also to decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims 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 combat zones. He was awarded several medals, but the discharge he received was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed on 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. It alleges that the VA was aware of and failed to take action to end decades of 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 person disagrees with a decision the agency has made. If you're considering appealing an appeal, it's important that you do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A qualified lawyer can review the evidence to support your claim and, should it be necessary, present additional and more convincing evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and could increase the level of empathy for your circumstance. This could be a great advantage during your appeals procedure.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. An experienced attorney will be able work with medical professionals to provide additional proof of your situation. A medical professional is one example. They may be able show that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They could be able to assist you in getting the medical records required to support your claim.