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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 frequently use their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed a number of people has won a significant victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. Monk wants the VA to compensate him for the benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that 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 be granted an appeal for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This “bad paper” prevented him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatic memories with each application and re-application, the suit states.

The lawsuit seeks financial damages and wants the court decide to require the VA to examine its 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 long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the veterans disability lawsuit‘ compensation from claims made by creditors and family members in the case of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but later was discharged that was less than honorable due to the fact that the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. This racial discrimination was systemic and pervasive, 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. The lawsuit asserts that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans disability law firm similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as soon as you are able. An experienced lawyer in appeals for veterans disability can help ensure that your appeal complies with all requirements and ensure that it gets a fair hearing.

A competent lawyer will review the evidence used to prove your claim, and when necessary, submit new and additional proof. A lawyer also knows the difficulties of dealing with the VA, and this can increase the level of understanding for your situation. This can be an important advantage in your appeals.

One of the most frequent reasons that a veteran’s claim for disability is rejected is because the agency hasn’t properly classified their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A qualified attorney will be able to collaborate with medical professionals to provide additional proof of your situation. For example an expert in medicine could be able to prove that the pain you feel is a result of your service-related injury and that it is disabling. They might be able assist you in getting the medical records you require to prove your claim.