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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. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that killed a number of people has been awarded a significant victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA reimburse him for benefits it has deprived him of, and to modify its policies on race discharge status, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed 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 an application for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional trauma from reliving some of his most painful memories in each application and re-application, the suit claims.

The lawsuit seeks monetary damages and also asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code, veterans disability lawsuits to protect veterans disability lawyer' funds from claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. The discrimination was racial 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. It claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. An experienced lawyer in veteran disability appeals can help you ensure that your appeal is compliant with all requirements and it gets a fair hearing.

A qualified lawyer can review the evidence that was used to justify your claim and present additional evidence and documentation when needed. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This could be a great benefit to your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your situation. A medical professional for instance, might be able to demonstrate that your pain is a result of your service-related injury and is disabled. They may be able to assist you in getting the medical records required to prove your claim.