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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 earn money often rely on their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal air carrier collision has won an important victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to pay him back the benefits that it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims filed by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honorable. This “bad paper” prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. But, he claims that the VA still is owed money for his previous denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and seeks to have the court order the VA to look into the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women’s Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This isn’t the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans disability law firm‘ payment from claims made by family members and creditors, except for child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however the discharge he received was not a prestigious one because there were two battles because of a post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding road.

He was denied benefits at a higher rate than white peers. This discrimination against blacks was widespread and pervasive, according 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 alleges 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.

Appeal

The VA’s Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A competent lawyer will review the evidence used to support your claim, and if needed, provide additional evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and can result in a greater degree of understanding for your situation. This can be a significant benefit in your appeals.

A veteran’s claim for disability is usually rejected because the agency didn’t accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you require. A qualified lawyer will also be able to consult with medical specialists to provide additional proof of your situation. For instance medical experts may be able to show that the pain you suffer is due to your service-related injury and is causing disability. They may also be able assist you in getting the medical records you require to prove your claim.