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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 victimized by lawyers who use their benefits to make a profit. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier collision has won an important victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of veterans disability law firm Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for the benefits 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 information 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 and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve truthful answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks to redress 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. It is essential to appeal a decision as soon as you can. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal is compliant with all the requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence used to back your claim and provide new and additional evidence in the event of need. A lawyer who knows the challenges faced by the VA can be more sympathetic to your situation. This can be a huge asset in your appeals process.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able to collaborate with medical experts to provide additional evidence of your situation. A medical expert could, for instance, Lawsuits be able prove that your pain is caused by your service-related injury, and is disabling. They might assist you get the medical records required to support your claim.