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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. You require an attorney who is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly 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 and the Yale Law School Veterans disability attorney Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for benefits it has deprived him of and to alter 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 that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday that 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 to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honorable. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional damage from having to relive the most traumatic memories through each application and re-application, the suit states.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, ought to be aware of the truth about veterans disability lawyers disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from family members and creditors, except for child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. His battle for Veterans disability attorney the VA to approve his claim for disability compensation was a long, winding route.

He was denied benefits at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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 essential to appeal a decision as soon as you are able. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal meets all requirements and ensure that it receives a fair hearing.

A qualified lawyer can review the evidence used to back your claim and provide additional evidence, if necessary. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstances. This could be a great benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to get the benefits you're entitled to. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your medical condition. For instance an expert in medicine might be able demonstrate that the pain you suffer is due to your service-related injury and is causing disability. They may be able to assist you in getting the medical records you require to support your claim.