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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is why you need an attorney that is certified to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying 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 during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. Monk wants the VA to compensate him for the benefits they have denied him, and to alter their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black paragould veterans disability law firm Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically denied claims from 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. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most painful memories through each application and re-application for benefits, the suit says.

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 attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them need honest answers about the benefits for lawsuits veterans and their effect on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, however his discharge was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing a decision, it is crucial to file an appeal immediately. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A lawyer who is qualified will be able to review the evidence used to justify your claim and present new and additional evidence in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstances. This could be a great advantage during your appeals procedure.

One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't properly classified their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will be able to collaborate with medical experts to provide additional evidence of your health condition. A medical expert, for example, may be able to prove that your pain is caused by your service-related injury and is in a way limiting. They might also be able to assist you obtain the medical records that are required to support your claim.