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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies 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 the records 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, a retired psychiatrist, has claimed that discrimination from VA has caused him, and other black vets, to suffer in a way that has affected their health, home life as well as their employment and education. He demands that the agency reimburse him for benefits that it has taken him out of and to amend its policies on 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 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 an appeal for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against 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 his past denials of disability compensation. He also suffered significant emotional damage from having to relive the most traumatic memories through each application and re-application for benefits the suit states.

The lawsuit seeks financial damages and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them require truthful information about the disability benefits of Veterans disability lawsuit and its impact on money issues in divorce. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation from claims made by family members and creditors in the case of child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to accept his claim for disability compensation was a long and winding route.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according to 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 lawsuit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans 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. If you're thinking of appealing an appeal, it's essential to do so as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A licensed lawyer can examine the evidence used to prove your claim, and when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This can be a significant benefit in your appeals.

One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't properly defined their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. An experienced attorney will be able work with medical professionals to provide additional proof of your medical condition. For example medical experts may be able to show that the pain you are experiencing is related to your service-connected injury and is causing disability. They might also be able help you get the medical records needed to support your claim.