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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 targeted by lawyers who make use of their benefits as a source of cash. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, Veterans disability Lawsuits schizophrenia and other mental disorders related to an air carrier crash that killed a number of people has won a significant victory. However, it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans in 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 by VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He demands that the agency repay him for the benefits he has been deprived of and to alter its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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 results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday that 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 as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and seeks to have the court require the VA to examine the systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who are their companions deserve honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and difficult route.

He was denied benefits at a much higher rate than his white peers. The discrimination was racial and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It 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 like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. It is essential to appeal a decision as soon as you are able. An experienced lawyer in veteran disability appeals will help you ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A qualified lawyer will be able to review the evidence used to back your claim and provide additional evidence and documentation in the event of need. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your circumstance. This can be an important asset in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly defined their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A qualified attorney will also be able work with medical experts to provide additional evidence of your health condition. A medical expert, for example, may be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is in a way limiting. They may also be able help you obtain the medical records needed to support your claim.