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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. This is why you should hire a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that killed a number of people has been awarded a significant victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. 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 VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives work, education, and employment. He wants the VA to reimburse him for benefits they have denied him, and to alter their policies regarding race and discharge status as well as denial rates.

In the past 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 submitted 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 between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- 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 denied claims submitted by Black veterans disability law firm.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than honourable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and asks the court to order the VA to examine its systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals for his service, however he was later awarded a less than honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied services at an rate that was much higher 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

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 crucial to file an appeal as soon as possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A licensed lawyer can review the evidence that was used to prove your claim and then submit additional evidence in the event of need. A lawyer also knows the difficulties of dealing with the VA and can increase the level of empathy for your situation. This can be a valuable advantage in your appeals.

One of the main reasons that a veteran's claim for disability is denied is due to the agency has not properly described their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your situation. A medical expert could, for instance, be able show that your pain is due to your service-related injury and is disabled. They might assist you get the medical records that are needed to support your claim.