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Veterans disability lawsuits, 125.141.133.9, - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you should hire an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed a number of people has won a significant victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed 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 is 74 years old and a 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 greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He would like the VA to reimburse him for benefits they have denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits 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 basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm from reliving the most traumatic memories in each application and re-application, the suit claims.

The lawsuit is seeking monetary damages and asks the court to order the VA to look into systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment against claims from family members and creditors, except for alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a rate significantly higher than his white peers. According to the lawsuit filed in 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. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.

A qualified lawyer will be able to review the evidence that was used to justify your claim and present additional evidence, when needed. A lawyer who is familiar with the VA's challenges can be more understanding of your situation. This could be a great advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly classified their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will be able to work with medical professionals to provide additional proof of your situation. A medical professional for instance, might be able show that your pain is caused by your service-related injury, and is disabling. They may assist you obtain the medical records that are required to support your claim.