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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 victimized by lawyers who use their benefits to make a profit. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a major victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old 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 disability law firm Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA repay him for the benefits it has deprived him of, and to modify its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks financial damages and wants the court require the VA to review systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve truthful answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans' compensation from claims made by creditors and family members, except for child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but the discharge he received was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. His battle for the VA to grant his claim for disability compensation was a long, winding path.

He was denied at the rate of significantly more than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawsuit Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against 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 claimant disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's important to appeal in the earliest time possible. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal meets all requirements and ensure that it is heard in a fair manner.

A lawyer with experience can look over the evidence to support your claim, and when necessary, Veterans disability lawsuits submit additional and more convincing evidence. A lawyer who knows the challenges faced by the VA can be more sympathetic to your situation. This could be a great advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional proof of your situation. A medical professional for instance, might be able to prove that your pain is caused by your service-related injury and that it is debilitating. They might also be able to assist you get the medical records needed to support your claim.