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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 taken advantage of by lawyers who use their benefits as a way to earn money. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans disability law firms, according to the lawsuit filed on Monday. 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 over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He is requesting that the VA reimburse him for benefits it has not provided him, and to modify 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 by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional trauma from reliving the most traumatic memories through each application and re-application, the suit states.

The lawsuit seeks monetary damages and also to orally order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them deserve honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by family members and creditors including alimony and child support.

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

He was denied benefits at a higher rate than his white counterparts. This discrimination against blacks was widespread and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is essential to do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence should it be required. A lawyer who is familiar with the challenges of the VA will be more understanding of your circumstance. This could be a valuable advantage in the appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly described their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified attorney will be able work with medical professionals to provide additional proof of your health condition. For instance an expert in medical practice might be able prove that the pain you are experiencing is a result of your service-related injury and is causing you to be disabled. They might assist you obtain the medical records that are required to support your claim.