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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has won a major victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner 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. According to records 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 over the last three decades.

Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to compensate him for the benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

Last 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 veterans Disability Lawsuits Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits 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 due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have rejected claims submitted 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 as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that the state courts can take away veterans disability law firm' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims made by creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was less than honorable because there were two battles because of a post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and arduous path.

He was denied benefits at a much greater rate than his white counterparts. 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 discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. It is crucial to appeal a decision as quickly as you can. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present additional evidence, when needed. A lawyer who knows the VA's challenges can be more sympathetic to your situation. This can be a significant benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your condition. For instance an expert in medical practice might be able demonstrate that the pain you experience is a result of your service-related injury and is causing impairment. They might be able assist you in getting the medical records required to prove your claim.