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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier which killed dozens has won a significant victory. However, it comes with a hefty price tag.

Class Action Settlement

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

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He is requesting that the VA reimburse him for benefits that it has denied him, and to modify their policies regarding 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 showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most painful memories with each application and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and wants the court order the VA to review the systemic PTSD bias. The lawsuit is the latest effort 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

Veterans who have served our country in uniform or those who are their companions deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions 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 has carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims by creditors and family members, except for child support and alimony.

Conley Monk volunteered to serve his country and veterans Disability spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was not honorable as the two battles he endured were due to an undiagnosed post-traumatic disorder. His battle for the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at a much more frequent rate than his white counterparts. 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. If you are considering appealing the decision, it is important to appeal in the earliest time possible. An experienced lawyer in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and it is heard in a fair manner.

A licensed lawyer will be able to review the evidence that was used to justify your claim and present additional evidence and documentation should it be required. The lawyer will also understand the challenges of dealing with the VA and this could lead to a greater level of empathy for your circumstance. This can be a significant benefit to your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. An experienced attorney will be able work with medical experts to provide additional proof of your situation. For instance, a medical expert might be able prove that the pain you experience 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.