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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 targeted by lawyers who make use of their benefits as a source of cash. This is why you should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won an important victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by 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 alleges that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to pay him back the benefits that it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans disability law firm.

PTSD Discrimination

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 as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have previously rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatizing memories each time he applied and re-application for benefits the suit says.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation against claims from creditors and family members including child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied at an amount that was significantly higher than white people. 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. The suit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an equitable hearing.

A competent lawyer will review the evidence that supports your claim and, if necessary, submit new and additional proof. A lawyer who knows the VA's issues can be more sympathetic to your situation. This can be a valuable asset in your appeals.

One of the most common reasons a veteran's disability claim can be denied is because the agency hasn't properly defined their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. An experienced attorney will be able to work with medical experts to provide additional proof of your situation. A medical professional for instance, might be able show that your pain is caused by the injury you sustained while working and is disabled. They may assist you get the medical records required to prove your claim.