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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 often use their benefits. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won an important victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, 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. Monk claims that VA has denied his disability claims at a more frequent 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, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home or work and education. Monk wants the VA to pay him back the benefits it has not provided him and to amend their policies regarding race and discharge status as well as denial rates.

In the past 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 results showed that Black veterans were statistically less likely to receive the right to claim disability benefits 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 based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional damage from having to relive some of his most traumatic memories with each application and re-application to receive benefits, Veterans disability lawsuit the suit claims.

The lawsuit seeks monetary damages and seeks to have the court require the VA to examine its systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans against claims from creditors and family members, except for child support and Veterans Disability Lawsuit alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his service, but was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans disability lawsuit [click through the following document]. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.

A competent lawyer will review the evidence to support your claim and, if needed, provide additional and more convincing evidence. A lawyer will also know the difficulties involved in dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be a valuable benefit to your appeals.

One of the most frequent reasons a veteran's disability claim is denied is because the agency has not correctly described their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A lawyer who is qualified will be able to work with medical specialists to provide additional evidence of your situation. A medical professional could, for instance, be able show that your pain is caused by your service-related injury, and is disabled. They might be able assist you in getting the medical evidence you need to support your claim.