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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for benefits he has been deprived of and to amend its policies regarding race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

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

The lawsuit seeks monetary damages and also asks the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his service, but he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to 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 suit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like Monk.

Appeal

The VA's Board of veterans disability attorney Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as quickly as you are able. An experienced lawyer in appeals for disabled veterans disability lawsuit can help ensure that your appeal meets all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and, if needed, provide additional evidence. A lawyer who knows the VA's issues can be more understanding of your circumstances. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your medical condition. For example an expert in medicine might be able demonstrate that the pain you experience is a result of your service-connected injury and is causing you to be disabled. They might also be able to assist you obtain the medical records that are required to prove your claim.