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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier crash that killed dozens of people has won a major victory. However, it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans disability attorneys in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the 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 over the last three decades.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He wants the VA to compensate him for the benefits it has not provided him and to amend their policies on race, 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. 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% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to 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 to show that VA officials have historically denied claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by family members and creditors in the case of child support and alimony.

Conley Monk volunteered 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 several medals, however his discharge was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. The battle to get the VA to accept his claim for disability compensation was a long and arduous road.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing a decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.

A licensed lawyer can examine the evidence to support your claim, and if needed, provide new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstances. This could be a great asset in your appeals.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly defined their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. An experienced attorney will be able work with medical experts to provide additional evidence of your health condition. For example an expert in medicine may be able to show that the pain you experience is related to your service-connected injury and is causing disability. They might also be able help you obtain the medical records that are required to prove your claim.