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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. You require an attorney who is licensed to manage 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 clinched a major victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He demands that the agency reimburse him for benefits he has been deprived of and to change its policies on race discharge status, discharge status and Veterans Disability Lawsuits denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for Veterans Disability Lawsuits white veterans disability law firms.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. The suit also claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims made by creditors and family members in the case of child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He received several medals for his service, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied access at the rate of significantly more than white people. The discrimination was racial and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing a decision, it is important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A qualified lawyer can review the evidence that supports your claim and, should it be necessary, present new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This can be a significant benefit to your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A lawyer who is qualified will be able to consult with medical professionals to provide additional proof of your situation. For instance medical experts could be able to prove that the pain you suffer is a result of your service-connected injury and is causing impairment. They might also be able to assist you get the medical records that are required to prove your claim.