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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 earn money frequently use their benefits. This is why you require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly 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. According to the records obtained by Monk, 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 over the past three decades.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to pay him back for benefits he was deprived of and to amend its policies on race as well as discharge status and 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 which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white Veterans disability Lawsuit.

Discrimination in PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims filed by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm from reliving some of his most painful memories through each application and re-application, the suit claims.

The lawsuit seeks financial damages and asks the court to order 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 end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them deserve truthful information about veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members with the exception of child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, but he was later issued a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long and arduous route.

He was denied benefits at a much greater rate than his white counterparts. 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 discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to confront decades-old 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 is not satisfied with a decision that the agency has made. If you're considering appealing the decision, it is important to appeal as soon as possible. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal is compliant with all requirements and ensure that it is heard in a fair manner.

A lawyer who is qualified can review the evidence that was used to back your claim and provide additional evidence and documentation should it be required. A lawyer who understands the VA's issues can be more understanding of your circumstance. This can be a significant benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. An experienced attorney will be able work with medical professionals to provide additional proof of your medical condition. A medical expert, for example, may be able to demonstrate that your pain is caused by your service-related injury and is disabling. They may be able to assist you in getting the medical records required to prove your claim.