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

Attorneys who profit from veterans with disabilities to make money often use their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a significant victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans disability law firms to suffer in ways that have impacted their health, home as well as their education, veterans disability employment and home. He is requesting that the VA reimburse him for the benefits it has not provided him, and to modify their policies on race and discharge status as well as 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 made 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 prone to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of equipment and troops to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given a discharge that was less than an honorable. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered significant emotional harm from reliving the most traumatic memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks damages in the form of money and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need truthful information about veterans disability compensation and its effect on money issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He received several medals for his service, but was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than his white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf 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 did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing a decision, it is crucial to file an appeal as soon as possible. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is compliant with all the requirements and that it gets a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit additional evidence. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstances. This can be an important benefit to your appeals.

One of the primary reasons a veteran's disability claim is rejected is because the agency hasn't properly classified their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A lawyer who is qualified will be able to collaborate with medical experts to provide additional evidence of your medical condition. A medical professional is one example. They may be able to demonstrate that the pain you are experiencing is due to your service-related injury and is debilitating. They might also be able help you get the medical records that are needed to support your claim.