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

Veterans with disabilities are often victimized by lawyers who use their benefits to make a profit. This is why you should hire a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal air carrier collision has won a major victory. However, it comes at 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, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has led him, and other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. He would like the VA to reimburse him for the benefits that it has denied him, and to alter their policies regarding 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 as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

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

The lawsuit is seeking monetary damages and asks the court to order the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied access at an rate that was much higher than white people. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National veterans disability lawyers Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing an appeal, it's important to appeal in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and it gets a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and should it be necessary, present new and additional proof. A lawyer who understands the challenges of the VA will be more sympathetic to your situation. This can be a huge advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't properly defined their condition. A lawyer with experience can make sure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A qualified lawyer will also be able to consult with medical professionals to provide additional proof of your situation. A medical expert is one example. They may be able to prove that your pain is caused by the injury you sustained while working and is disabling. They might also be able to assist you get the medical records that are required to prove your claim.