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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 money often rely on their benefits. This is the reason you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash that killed a number of people has a huge victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly 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 more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He wants the VA to compensate him for the benefits it has not provided him and to amend their policies regarding race, discharge status, and denial rates.

Last 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 that they made on behalf of the National Veterans Disability Lawsuit Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for veterans disability Lawsuit disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans disability lawsuit. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatizing memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and asks the court to order the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them need truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members other than alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later he received a discharge that was less than honorable because there were two battles because of a post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied access at a rate significantly higher than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit filed 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 was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A qualified lawyer is able to examine the evidence that was used to back your claim and provide new and additional evidence if necessary. A lawyer also knows the challenges involved in dealing with the VA and can lead to a greater level of empathy for your situation. This can be a significant benefit to your appeals.

One of the main reasons a veteran's disability claim is denied is due to the agency has not properly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your health condition. For example medical experts may be able to show that the pain you experience is a result of your service-connected injury and is causing impairment. They might also be able help you get the medical records required to support your claim.