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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier which killed dozens has won a significant victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to reimburse him for benefits that it has denied him, and to modify their policies regarding race, discharge status, and denial rates.

Last year, Monk and the veterans disability lawyer 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 Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories in each application and re-application for benefits the suit says.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later his discharge was less than honorable due to the fact that he had two fights caused by undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long, winding road.

He was denied at an rate that was much higher than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're considering appealing an agency decision, it's crucial to file an appeal immediately. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and that it gets a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and if needed, provide additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA, and this can increase the level of empathy for your circumstance. This could be a valuable advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your situation. For example an expert in medicine may be able to show that the pain you suffer is a result of your service-related injury and that it is disabling. They may also be able assist you in getting the medical records you require to prove your claim.