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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is significantly 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 the 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 higher rate than white veterans in the past three decades.

Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the agency to pay him back for benefits he was deprived of and to amend its policies regarding race as well as 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 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 right to claim disability benefits than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black Veterans Disability Lawsuit, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued a less-than-honorable military discharge in 1971. This “bad paper” kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most painful memories with each application and re-application for benefits, the suit says.

The lawsuit seeks damages in the form of money and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort 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 survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. It’s not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans’ compensation from claims made by family members and creditors, except for alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but then he received a discharge that was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied access at an rate that was much higher than his white peers. According to the lawsuit brought 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. It claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans disability lawyer.

Appeals

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. It is essential to appeal a decision as swiftly as you can. An experienced lawyer in appeals for veterans disability attorney disability can help you ensure that your appeal complies with all requirements and it gets a fair hearing.

A competent lawyer will review the evidence to support your claim and, if necessary, submit additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstances. This can be an important asset in your appeals.

One of the most common reasons a veteran’s disability claim is rejected is because the agency has not properly characterized their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A qualified lawyer will be able of working with medical specialists to provide additional proof of your medical condition. A medical professional for instance, might be able to demonstrate that your pain is due to the injury you sustained while working and is disabled. They may also be able help you obtain the medical records that are required to support your claim.