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

Veterans with disabilities are frequently exploited by attorneys who use their benefits to make a profit. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. 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 and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He wants the VA to compensate him for the benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

Monk and the veterans disability Law Firms Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military to overturn the discharge, and was awarded a wide 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 trauma from reliving some of his most traumatizing memories each time he applied and re-application for benefits, the suit says.

The lawsuit seeks financial compensation and asks the court to require the VA to review 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 the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them require honest answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by creditors and family members in the case of child support and alimony.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied at an rate that was much higher than his white peers. 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, this racial discrimination was systemic and widespread. The lawsuit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

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 thinking of appealing a decision, it is crucial to file an appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.

A qualified lawyer can examine the evidence used to back your claim and provide additional evidence in the event of need. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstances. This could be a great advantage in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly classified their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. An experienced attorney will be able work with medical professionals to provide additional evidence of your condition. A medical professional could, for instance, be able to demonstrate that your pain is caused by your service-related injury and is disabled. They might be able assist you in obtaining the medical records needed to prove your claim.