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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an air carrier crash that claimed the lives of dozens has a huge victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which 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 claims that VA has denied his disability claims at a 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, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He wants the VA to pay him back the benefits that it has denied him and veterans disability lawsuits to change their policies on 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 by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely 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 veterans of color than for white veterans disability law firms.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. The "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatizing memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks damages in the form of money and also asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims by creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for disability compensation was a long and arduous road.

He was denied benefits at a higher rate than white peers. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an equitable hearing.

A qualified lawyer will be able to review the evidence used to justify your claim and present new and additional evidence in the event of need. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your situation. This can be an important advantage in your appeals.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able to work with medical professionals to provide additional proof of your health condition. A medical professional is one example. They may be able to demonstrate that your pain is due to the injury you sustained while working and is disabled. They could be able to assist you in getting the medical records required to support your claim.