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Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle walker veterans disability attorney Disability Lawsuits

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

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has won an important victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to the agency’s records obtained by Monk and the Yale Law School Washington Veterans Disability Lawsuit Legal Services Clinic.

Monk, 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, homes or work and education. He would like the VA to reimburse him for the benefits it has denied him, and to modify their 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 filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have historically denied claims submitted by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. The “bad paper” did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatic memories with each application and re-application for benefits the suit states.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to examine the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women’s Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans’ payments from claims by family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long, winding road.

He was denied benefits at a rate significantly higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you’re thinking of appealing a decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A lawyer who is qualified can review the evidence used to justify your claim and present additional evidence and documentation if necessary. The lawyer will also understand the difficulties involved in dealing with the VA and can result in a greater degree of empathy for the situation. This could be a great asset in your appeals.

One of the most frequent reasons that a veteran’s claim for disability is denied is because the agency has not correctly classified their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will be able to work with medical professionals to provide additional evidence of your condition. A medical professional is one example. They may be able show that the pain you are experiencing is due to your service-related injury and that it is debilitating. They might also be able to assist you get the medical records that are needed to support your claim.