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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 victimized by lawyers who use their benefits to make a profit. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He wants the agency to pay him back for benefits it has deprived him of and to alter its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to 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 a 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 due to PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded a discharge from the military that was not honorable in 1971. That "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit is seeking monetary damages and also to order the VA to examine its 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 long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans disability attorneys' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but later was discharged that was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous path.

He was denied access at the rate of significantly more than his white peers. The discrimination was racial 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 lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. If you are considering appealing a decision, it is essential to do so immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.

A lawyer who is qualified is able to examine the evidence that was used to prove your claim and then submit additional evidence when needed. The lawyer will also understand the challenges of dealing with the VA, and Veterans Disability Lawsuits this can increase the level of empathy for the situation. This could be a valuable advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. An experienced attorney will be able to work with medical experts to provide additional proof of your condition. For instance, a medical expert might be able demonstrate that the pain you experience is a result of your service-related injury and that it is disabling. They could be able to assist you in getting the medical evidence you need to support your claim.