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

Attorneys who exploit disabled veterans to earn money frequently use their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has won a significant victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the 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 in the past three decades.

Monk, who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. Monk wants the VA to repay him for the benefits that it has taken him out of and to alter its policies regarding race, discharge status and denial rates.

Last 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 revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. In addition 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 disability law firm, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to 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 bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered significant emotional harm as he relived some of his most painful memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial compensation, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who are their companions deserve honest answers about the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at the rate of significantly more than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and, should it be necessary, present new and additional proof. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This could be a great benefit in your appeals process.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly defined their condition. A skilled lawyer can make sure that your condition is classified and veterans disability lawsuits rated appropriately, giving 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 medical condition. For example, a medical expert might be able prove that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may also be able assist you in getting the medical records required to support your claim.