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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 need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

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

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He is requesting that the VA pay him back for benefits he has been deprived of and to change its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of 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 application for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

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

The lawsuit seeks financial compensation and asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a higher rate than his white counterparts. 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 discrimination against blacks was systematic and widespread. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A licensed lawyer can review the evidence that was used to prove your claim and then submit additional evidence in the event of need. The lawyer will also be aware of the challenges of dealing with the VA and this could result in a greater degree of empathy for your circumstance. This could be a valuable asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your situation. For example an expert in medical practice could be able to prove that the pain you experience is due to your service-related injury and is causing impairment. They may be able to assist you in getting the medical records you require to support your claim.