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

Attorneys who profit from disabled veterans to earn money often use their benefits. You need an attorney who is licensed to manage VA claims.

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

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 that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, an psychiatric nurse who retired, 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 as well as their education, employment and home. He is requesting that the VA repay him for the benefits he has been deprived of and to change its policies on race discharge status, 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 as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move 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 unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however his discharge was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans disability lawyers. It seeks to redress Monk and other veterans disability lawsuit who are like him.

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 essential to appeal a decision as quickly as you can. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence to support your claim, and when necessary, submit additional and more convincing evidence. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This can be a valuable asset in your appeals.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency has not properly classified their condition. A skilled attorney will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. An experienced attorney will be able to work with medical experts to provide additional evidence of your condition. A medical professional for instance, might be able show that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They might also be able to assist you obtain the medical records required to support your claim.

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