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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 exploited by attorneys who use their benefits as a way to earn money. This is why you need a attorney who is accredited to handle VA claims.

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

Class Action Settlement

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

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA reimburse him for the benefits it has denied him and to change 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures 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 in PTSD

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

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatic memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and seeks to have the court orally order the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups such as 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

The veterans who have served our country in uniform or those who accompany them need honest answers about the benefits for veterans disability attorney and their impact on money issues in divorce. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but then he received a discharge that was not honorable as the two battles he endured were because of a post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long, winding journey.

He was denied services at an amount that was 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 deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

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 as soon as you can. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal meets all the requirements and that it gets a fair hearing.

A licensed lawyer will be able to review the evidence that was used to support your claim and submit additional evidence and documentation when needed. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstance. This can be a significant benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A qualified attorney will also be able to work with medical experts to provide additional evidence of your condition. A medical professional could, for instance, be able to prove that your pain is due to the injury you sustained while working and is in a way limiting. They could be able to assist you in getting the medical records required to prove your claim.