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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 source of cash. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal air carrier collision has won a major victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He is requesting that the VA compensate him for benefits he has been deprived of and to alter its policies on race as well as 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 that they made on behalf of National Veterans Council for Legal Redress, and the Black veterans disability attorney Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

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

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

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

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine the the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and arduous road.

He was denied at an amount that was significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing an agency decision, it's crucial to file an appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstance. This can be an important benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. An experienced attorney will be able to work with medical experts to provide additional proof of your situation. A medical expert, for example, may be able to prove that your pain is due to the injury you sustained while working and is disabling. They may assist you get the medical records that are needed to support your claim.