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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA reimburse him for benefits it has denied him and to change their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of 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 revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday that the veterans disability law firms Affairs Department denies disability benefits to Black veterans disability attorney - Visit Homepage,. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was not honourable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered emotional harm as he relived the most traumatic memories with each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages and asks the court to require the VA to review systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members with the exception of 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 combat zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult path.

He was denied at an rate that was much higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeal

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 essential to appeal a decision as soon as you are able. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal is in line with all requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, if needed, provide additional evidence. The lawyer will also be aware of the difficulties of dealing with the VA and could increase the level of understanding for your situation. This could be a great benefit in your appeals.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will be able to consult with medical specialists to provide additional proof of your condition. A medical expert is one example. They may be able to prove that your pain is due to the injury you sustained while working and is disabling. They might also be able to help you obtain the medical records required to prove your claim.