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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 make money often use their benefits. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash that killed dozens of people has a huge victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing 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. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He would like the VA to reimburse him for benefits they have denied him and to change their policies on race and discharge status as well as denial rates.

Monk and the veterans disability lawyer Legal Services Clinic received 20 years of VA disability claim data in the past year as part of 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. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded 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 harm from reliving some of his most painful memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks financial damages and seeks the court to require 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 pressure the VA into addressing long-standing discrimination against victims 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 benefits and their impact on divorce financial issues. One of the biggest myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims made by family members and creditors in the case of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but was discharged that was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding route.

He was denied services at an amount that was significantly higher than white people. 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, this racial discrimination was systemic and widespread. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with an opinion of the agency. It is important to appeal a decision as swiftly as you can. An experienced lawyer in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and it gets a fair hearing.

A qualified lawyer can review the evidence that was used to support your claim and submit additional evidence, should it be required. A lawyer also knows the difficulties of dealing with the VA and this could result in a greater degree of empathy for the situation. This can be a significant benefit in your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency has not properly classified their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A qualified attorney will be able work with medical experts to provide additional proof of your condition. A medical professional is one example. They may be able to prove that your pain is caused by your service-related injury and that it is disabled. They might also be able to help you get the medical records needed to support your claim.