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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 make money frequently use their benefits. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of veterans disability lawyer Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is 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, employment and education. He is requesting that the VA reimburse him for the benefits it has not provided him, and to alter their policies regarding race, 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 which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The 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. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans disability lawyer.

Conley Monk served in the Marines as a 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. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to direct the VA to review its systemic PTSD discrimination. 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

Anyone who was in uniform, or those who accompanied them, deserve to know the truth about the benefits for Veterans disability lawsuits veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, but he was later awarded a less than honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied services at an amount that was significantly higher than white people. 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 racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives a fair hearing.

A competent lawyer will review the evidence used to support your claim, and if needed, provide additional and more convincing evidence. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstances. This can be an invaluable advantage during your appeals procedure.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional proof of your medical condition. For instance medical experts might be able prove that the pain you suffer is a result of your service-connected injury and is disabling. They may assist you get the medical records needed to support your claim.