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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (get redirected here)

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is why you need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA pay him back for benefits he has been deprived of and to amend its policies on race discharge status, discharge status, and 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 filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability lawsuit Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans disability lawsuit was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm as he relived the most traumatic memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks financial compensation and asks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but then his discharge was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. His battle for the VA to approve his claim for disability compensation was a long and difficult path.

He was denied benefits at a much higher rate than white counterparts. According to the lawsuit brought in 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. The suit claims that the VA was aware of and failed to address decades of discrimination against 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. It is important to appeal a decision as fast as you are able. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal is in line with all the requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence that was used to prove your claim and then submit additional evidence, should it be required. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your situation. This could be a valuable advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able to work with medical specialists to provide additional proof of your health condition. For example, a medical expert might be able demonstrate that the pain you experience is related to your service-connected injury and that it is disabling. They may be able to assist you in getting the medical records required to prove your claim.