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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. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision which killed dozens has been awarded a significant victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of veterans disability lawyers Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly 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 during the last three decades.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He demands that the agency reimburse him for benefits it has deprived him 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 last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

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 vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and also to orally order the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who are their companions deserve truthful information about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, however the discharge he received was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a more frequent rate than his white peers. The discrimination was racial and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

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. If you are considering appealing the decision, it is important to appeal immediately. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal meets all requirements and ensure that it receives a fair hearing.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence and documentation should it be required. The lawyer will also be aware of the challenges of dealing with the VA and this could lead to a greater level of understanding for your situation. This can be a valuable asset in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified lawyer will be able to consult with medical professionals to provide additional evidence of your health condition. For instance, a medical expert may be able to show that the pain you experience is a result of your service-connected injury and is causing impairment. They might also be able to assist you get the medical records that are required to prove your claim.