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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (sneak a peek at this site)

Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is why you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash which killed dozens has been awarded a significant victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents 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 over the last three decades.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. He is requesting that the VA pay him back the benefits it has not provided him and to change their policies regarding race, discharge status, and denial rates.

Last 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 submitted 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 the claim for disability 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 against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have historically denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining mortgages, Veterans Disability Lawsuits tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

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

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, however the discharge he received was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at a much higher rate than white counterparts. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an opinion of the agency. If you're thinking of appealing an agency decision, it's important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A qualified lawyer can review the evidence that supports your claim and, if needed, provide new and additional proof. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This could be a valuable advantage in the appeals process.

One of the main reasons a veteran's disability claim is denied is due to the agency hasn't correctly classified their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. An experienced attorney will be able work with medical professionals to provide additional proof of your medical condition. For example an expert in medical practice might be able demonstrate that the pain you are experiencing is due to your service-related injury and is causing impairment. They could be able to assist you in obtaining the medical records needed to support your claim.