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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He wants the VA to pay him back the benefits that it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans disability lawsuit between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- 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 disproportionately denied claims submitted by Black veterans disability law firms.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Monk was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honourable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving the most painful memories with each application for Veterans disability lawsuit benefits.

The lawsuit seeks damages in the form of money and asks the court to order 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 to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them need truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but he received a discharge that was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and arduous road.

He was denied benefits at a much higher rate than white peers. The discrimination was racial and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is essential to appeal a decision as quickly as you can. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal meets all the requirements and it receives a fair hearing.

A competent lawyer will review the evidence that supports your claim, and if necessary, submit additional and more convincing evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be a huge advantage during your appeals procedure.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency hasn't correctly described their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to collaborate with medical specialists to provide additional proof of your health condition. A medical expert for instance, might be able show that your pain is caused by your service-related injury and that it is debilitating. They may be able to assist you in obtaining the medical records needed to prove your claim.