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veterans disability lawsuits, Mspeech`s blog, - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has been awarded a significant victory. However, it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He is requesting that the VA pay him back for benefits he was deprived of and to alter its policies regarding race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, veterans disability lawsuits to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them need truthful information about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the veterans disability lawyer Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not confront decades-old 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 person is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's important to appeal immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets a fair hearing.

A competent lawyer will review the evidence used to prove your claim and, should it be necessary, present new and additional proof. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstances. This could be a great asset in your appeals process.

One of the main reasons a veteran's disability claim is denied is because the agency hasn't correctly characterized their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A qualified lawyer will also be able to collaborate with medical specialists to provide additional proof of your medical condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might also be able to help you get the medical records that are required to support your claim.