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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. You require an attorney who is licensed to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much 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, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He would like the VA to compensate him for the benefits that it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans disability lawyers of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. He also suffered severe emotional damage from having to relive the most traumatic memories through each application and re-application, the suit says.

The lawsuit seeks damages in the form of money and asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them deserve honest answers about the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied access at a rate significantly higher than his white peers. This discrimination against blacks was widespread and widespread, as per the lawsuit brought on behalf of him 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 combat decades of discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

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 a decision, it is important that you do so as soon as you can. An experienced lawyer in veteran disability appeals can help ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.

A qualified lawyer is able to examine the evidence used to support your claim and submit new and additional evidence in the event of need. The lawyer will also understand the challenges of dealing with the VA, and this can increase the level of empathy for your circumstance. This could be a great benefit in your appeals.

One of the primary reasons a veteran's disability claim is denied is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A lawyer who is qualified will be able to consult with medical professionals to provide additional proof of your situation. For instance, a medical expert may be able to show that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may be able to assist you in getting the medical records required to support your claim.

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