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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 exploited by attorneys who use their benefits to make a profit. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on 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, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans disability law firm to be affected in ways that have affected their health, home work, education and employment. He would like the VA to pay him back the benefits it has denied him, and to modify 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 through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made 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 equipment and troops to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honourable. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatizing memories through each application and re-application, the suit claims.

The lawsuit seeks financial damages and wants the court order the VA to look into systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need honest answers about veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from family members and creditors including child support and alimony.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, however the discharge he received was not honorable as the two battles he endured were because of a post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at a much higher rate 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 discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of veterans disability lawsuit 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 are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and Veterans Disability Lawsuits is granted an equitable hearing.

A lawyer who is qualified is able to examine the evidence that was used to support your claim and submit additional evidence and documentation when needed. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstance. This could be a great benefit to your appeals.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A professional attorney will also be able to work with medical experts to provide additional evidence of your health condition. A medical professional could, for instance, be able show that the pain you are experiencing is due to your service-related injury, and is disabling. They could be able to assist you in obtaining the medical records needed to prove your claim.