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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier crash has won a major victory. However, it comes with cost.

Class Action Settlement

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

Monk who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He is requesting that the VA reimburse him for benefits he has been deprived of and to amend its policies regarding 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. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it 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 as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks damages in the form of money, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his work, Veterans disability Lawsuits but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding path.

He was denied benefits at a greater rate than his 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, this racial discrimination was systemic and widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as quickly as you can. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal is compliant with all requirements and ensure that it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, should it be necessary, present additional and more convincing evidence. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This can be an invaluable benefit in your appeals process.

One of the primary reasons a veteran's disability claim can be denied is because the agency has not correctly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional proof of your medical condition. For example, a medical expert might be able prove that the pain you feel is related to your service-connected injury and that it is causing disability. They might assist you obtain the medical records needed to support your claim.