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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 exploited by attorneys who use their benefits to make a profit. This is the reason you need an attorney that is certified 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 which killed dozens has won a significant victory. But it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and istitutomorgagni.it Monk claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He would like the VA to pay him back the benefits they have denied him and to change their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black veterans disability law firm were statistically less prone to be granted an application for disability than white veterans between 2001 and 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. The suit was filed 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 provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them need honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but then his discharge was not honorable as the two battles he endured were because of a post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied services at a rate significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

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. It is essential to appeal a decision as quickly as you are able. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit new and additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your situation. This can be an invaluable advantage in the appeals process.

One of the main reasons that a veteran's claim for disability is denied is due to the agency has not properly characterized their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A professional attorney will also be able to work with medical experts to provide additional proof of your medical condition. A medical expert for instance, might be able to prove that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They may also be able to assist you obtain the medical records required to support your claim.