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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 targeted by lawyers who make use of their benefits as a way to earn money. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly air carrier collision has won a major victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. 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 higher rate than white veterans during the past three decades.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans disability lawyers to be affected in ways that have affected their health, home or work and education. He would like the VA to pay him back the benefits they have denied him, and to alter their policies on race and discharge status as well as 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 a claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday 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 as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims made by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not acceptable. The "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial compensation, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them require truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members except for veterans disability alimony or child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. The discrimination was racial and widespread, 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 confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of veterans disability law firms Appeals reviews claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is essential to appeal a decision as soon as you can. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and that it receives a fair hearing.

A qualified lawyer will be able to review the evidence used to support your claim and submit additional evidence if necessary. A lawyer who understands the VA's issues can be more understanding of your circumstance. This can be a valuable benefit to your appeals.

One of the primary reasons a veteran's disability claim is rejected is because the agency has not correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A reputable lawyer will also be able of working with medical experts to provide additional evidence of your health condition. For example an expert in medicine might be able demonstrate that the pain you suffer is related to your service-connected injury and that it is causing impairment. They may also be able to help you get the medical records that are required to support your claim.