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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 profits often make use of their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched a major victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He wants the agency to compensate him for benefits he has been deprived of and to change its policies regarding race discharge status, discharge status and 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 which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not acceptable. The “bad paper” prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit seeks monetary damages and wants the court order the VA to look into the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women’s Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that state courts are able to take away veterans’ VA compensation to pay for alimony and child support. This isn’t the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans’ compensation from claims brought by family members and creditors including alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than white people. The discrimination was racial 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 was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you’re considering appealing the decision, it is crucial to file an appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A licensed lawyer will be able to review the evidence used to prove your claim and then submit additional evidence should it be required. A lawyer who understands the VA’s issues can be more understanding of your situation. This could be a valuable advantage during your appeals procedure.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly classified their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you require. A professional attorney will also be able work with medical professionals to provide additional proof of your condition. A medical expert is one example. They may be able to prove that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They might also be able help you obtain the medical records that are required to prove your claim.