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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 as a way to earn money. This is why you require an attorney who is licensed to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during 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 manner that has affected their health, home life as well as their employment and education. He wants the agency to compensate him for benefits that it has taken him out of and to change 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 via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for 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 veterans of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden 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 received an unjust discharge that was less than honorable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatic memories in each application and re-application, the suit claims.

The lawsuit seeks financial damages and asks the court to orally order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, Veterans Disability Lawsuits who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, however his discharge was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding path.

He was denied benefits at a higher rate than white peers. This racial discrimination was systemic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

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. It is important to appeal a decision as quickly as you are able. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal meets all the requirements and that it receives a fair hearing.

A licensed lawyer will be able to review the evidence that was used to support your claim and submit new and additional evidence in the event of need. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This could be a great advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A professional attorney will also be able to work with medical experts to provide additional proof of your situation. For example medical experts could be able to prove that the pain you feel is due to your service-related injury and Veterans Disability Lawsuits that it is causing impairment. They could be able to assist you in getting the medical evidence you need to support your claim.