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Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (Read Homepage)

Attorneys who exploit disabled veterans to make money frequently use their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has won a major victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans. 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. Monk wants the VA to pay him back the benefits they have denied him, and to alter 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 last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans disability attorneys from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This “bad paper” prevented him from receiving home loans, tuition aid and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories in each application and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women’s Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans’ benefits from claims of creditors and family members except for alimony or child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and difficult route.

He was denied at an rate that was much higher than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

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. If you’re considering appealing a decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.

A qualified lawyer can review the evidence used to support your claim, and if necessary, submit additional and more convincing evidence. The lawyer will also be aware of the challenges of dealing with the VA and could increase the level of empathy for the situation. This could be a great benefit to your appeals.

A veteran’s claim for disability is usually denied due to the agency could not accurately describe their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to work with medical professionals to provide additional proof of your medical condition. A medical expert for instance, might be able prove that the pain you are experiencing is due to the injury you sustained while working and is disabled. They may also be able assist you in getting the medical records required to support your claim.