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

Attorneys who profit from disabled veterans to make money frequently use their benefits. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to a crash of an aircraft carrier which killed dozens has a huge victory. But it comes at an expense.

Class Action Settlement

The Department of veterans disability lawsuit Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed 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 in the past three decades.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He is requesting that the VA compensate him for the benefits that it has denied him and to amend 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 data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans disability attorneys were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. This “bad paper” prevented him from receiving loans for homes, tuition aid and other benefits.

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

The lawsuit seeks financial compensation, and wants the court to require 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

People who have served their country in uniform or who are their companions deserve truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that courts in the state can garnish veterans’ VA compensation to pay for child support and alimony. This isn’t the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans’ compensation from claims of creditors and family members except for alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to grant his claim for disability compensation was a long, winding journey.

He was denied at an rate that was much 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 racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other 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 thinking of appealing an appeal, it’s important to appeal immediately. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A competent lawyer will review the evidence used to support your claim, and if needed, provide additional evidence. The lawyer will also understand the difficulties of dealing with the VA and could result in a greater degree of empathy for the situation. This could be a great advantage in the appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A qualified attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional proof of your health condition. For instance an expert in medical practice may be able to show that the pain you suffer is a result of your service-connected injury and that it is causing you to be disabled. They may also be able assist you in obtaining the medical records needed to support your claim.