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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 as a way to earn money. This is why you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater 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 who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA compensate him for benefits it has deprived him of and to amend its policies on race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Lawsuits Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than 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 a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatizing experiences with every application for Lawsuits benefits.

The lawsuit seeks financial damages and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them need truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment against claims from family members and creditors in the case of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He received several medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. The discrimination was racial and pervasive, according the lawsuit filed 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 failed to deal with decades of discrimination against 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 person disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A lawyer who is qualified can review the evidence used to prove your claim and then submit new and additional evidence if necessary. The lawyer will also be aware of the difficulties of dealing with the VA and could create a higher level of empathy for your circumstance. This could be a great benefit to your appeals.

One of the most common reasons a veteran's disability claim is rejected is because the agency has not properly defined their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your situation. For example an expert in medicine could be able to prove that the pain you are experiencing is a result of your service-related injury and is disabling. They may be able to assist you in getting the medical records required to support your claim.