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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 as a source of cash. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. But 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 when it denies their disability claims, at a rate that is much 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 documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. He demands that the agency compensate him for benefits it has deprived him of and to change its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not an honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.

The lawsuit seeks financial damages and wants the court decide to require the VA to examine the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans disability law firms who have served our nation in uniform, or who are their companions deserve truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his work, but he was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorney Legal Services Clinic at Yale Law School. It claims that the VA was aware of 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 Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing an agency decision, it's essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A competent lawyer will review the evidence that supports your claim and, Veterans Disability Lawsuits when necessary, submit new and additional evidence. A lawyer also knows the difficulties of dealing with the VA, and this can lead to a greater level of empathy for the situation. This can be a huge advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able of working with medical specialists to provide additional evidence of your situation. A medical professional is one example. They may be able show that your pain is caused by the injury you sustained while working and is disabling. They may also be able assist you in getting the medical records required to support your claim.