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

Attorneys who exploit veterans with disabilities to make money often use their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly air carrier collision has won an important victory. But it comes at cost.

Class Action Settlement

The Department of north richland hills veterans disability attorney Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the 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 documents obtained by Monk, 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 during the past three decades.

Monk who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He is requesting that the VA repay him for the benefits that it has taken him out of, and to modify its policies regarding race, discharge status and 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 submitted 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 receive a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This “bad paper” prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military to rescind the discharge and was awarded a 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. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women’s Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can confiscate veterans’ VA compensation to pay for child support and alimony. It’s not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans’ funds from claims of family members and creditors except for alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, however the discharge he received was not honorable as the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. This discrimination against Blacks was systematic 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 knew about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as fast as you can. A lawyer with experience in appeals to castle shannon veterans disability lawsuit‘ disability cases will help you ensure that your appeal is compliant with all requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence used to prove your claim, and when necessary, submit new and additional proof. A lawyer also knows the challenges involved in dealing with the VA and this could increase the level of empathy for your circumstance. This could be a valuable benefit in your appeals process.

One of the most common reasons a veteran’s disability claim can be denied is because the agency hasn’t properly defined their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert, for example, may be able show that your pain is caused by your service-related injury and is disabled. They may also be able help you get the medical records required to prove your claim.