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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to a crash of an aircraft carrier that killed a number of people has been awarded a significant victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, Veterans Disability Compensation a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School veterans disability lawyer Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black veterans disability lawsuit, to suffer in a manner that has affected their health, their home lives as well as their employment and education. Monk wants the VA to pay him back the benefits they have denied him and to amend their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black veterans disability lawsuit Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans disability law from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits the suit says.

The lawsuit seeks financial damages and also asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims brought by family members and creditors in the case of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a much higher rate than 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 disability settlement Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an opinion of the agency. If you are considering appealing an appeal, it's important that you do so as soon as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A licensed lawyer can examine the evidence that supports your claim, and when necessary, submit additional and more convincing evidence. A lawyer also knows the challenges of dealing with the VA and can lead to a greater level of empathy for your circumstance. This can be a huge asset in your appeals process.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't properly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits that you deserve. A reputable lawyer will also be able to collaborate with medical professionals to provide additional proof of your medical condition. A medical expert for instance, might be able to demonstrate that your pain is a result of your service-related injury, and is disabled. They may also be able assist you in obtaining the medical records needed to prove your claim.