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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 taken advantage of by lawyers who use their benefits to make a profit. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes with a hefty price tag.

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 which 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 as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a former psychiatrist, Veterans Disability Lawsuits says that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life, employment, and education. He demands that the agency reimburse him for benefits he has been deprived of and to alter its policies regarding 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, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and Veterans Disability Lawsuits helping move equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

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

The lawsuit is seeking monetary damages and asks the court to order the VA to review systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding path.

He was denied benefits at a greater rate than his white peers. This racial discrimination was systemic 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. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an impartial hearing.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstance. This can be an invaluable benefit in your appeals process.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency has not correctly described their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your situation. A medical professional for instance, might be able show that your pain is due to your service-related injury, and is disabling. They might be able assist you in obtaining the medical records needed to support your claim.