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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 exploited by attorneys who use their benefits to make a profit. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that killed dozens of people has won a major victory. But it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to 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 the documents obtained by Monk and the Yale Law School veterans disability law firms Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the agency to repay him for the benefits he has been deprived of and to alter its policies regarding race discharge status, discharge status and denial rates.

Last 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 data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatizing memories through each application and re-application for benefits the suit states.

The lawsuit seeks financial compensation, and wants the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors other than 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 troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at the rate of significantly more 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 racial bias was systemic and widespread. The suit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans disability attorneys similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is important to appeal a decision as swiftly as you can. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A qualified lawyer can examine the evidence used to prove your claim and then submit additional evidence in the event of need. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstance. This can be an important asset in your appeals.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't correctly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. For instance an expert in medical practice could be able to prove that the pain you suffer is a result of your service-related injury and that it is causing impairment. They may also be able assist you in getting the medical records you require to prove your claim.

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