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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder 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 price tag.

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 claims that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He wants the VA to pay him back the benefits that it has denied him and to change their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

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

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given an unworthy military discharge in 1971. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and asks the court to order the VA to look into systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by creditors and family members, except for alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however he received a discharge that was less than honorable because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans disability law firms. It seeks justice for Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an equitable hearing.

A competent lawyer will review the evidence used to support your claim and, when necessary, submit additional and more convincing evidence. A lawyer will also know the difficulties involved in dealing with the VA and can create a higher level of empathy for the situation. This could be a great advantage in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. An experienced attorney will be able to work with medical experts to provide additional proof of your health condition. A medical professional is one example. They may be able to demonstrate that your pain is due to your service-related injury, and is debilitating. They may assist you obtain the medical records that are required to support your claim.