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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 victimized by lawyers who use their benefits to make a profit. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal air carrier collision has won an important victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed on Monday, 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 is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans disability lawyer over the past three decades, as per the agency's records obtained by Monk and the Yale Law School veterans disability attorneys Legal Services Clinic.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the agency to compensate him for benefits he has been deprived of and to change its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and seeks the court to direct the VA to review its systemic PTSD discrimination. 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 survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by creditors and family members in the case of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but then the discharge he received was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding journey.

He was denied benefits at a higher rate than his white counterparts. This discrimination against Blacks was systematic and widespread, as per 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 and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as fast as you are able. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A licensed lawyer can examine the evidence that was used to support your claim and submit new and additional evidence when needed. A lawyer who understands the VA's challenges can be more sympathetic to your situation. This can be an invaluable advantage during your appeals procedure.

One of the main reasons that a veteran's claim for disability is rejected is because the agency has not correctly defined their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. A medical expert is one example. They may be able to demonstrate that your pain is caused by your service-related injury and is in a way limiting. They could be able to assist you in getting the medical records required to support your claim.