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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 as a source of cash. This is why you require an attorney with the right qualifications to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. 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 Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to compensate him for benefits he has been deprived of and to alter its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the veterans disability law firm Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made 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 receive an application 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 basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honourable. The "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who are their companions deserve truthful information about veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later his discharge was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as soon as you can. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal complies with all requirements and it receives a fair hearing.

A competent lawyer will review the evidence that supports your claim and, should it be necessary, present additional evidence. A lawyer who understands the VA's challenges can be more sympathetic to your situation. This could be a valuable benefit in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional evidence of your situation. For instance an expert in medicine may be able to show that the pain you feel is a result of your service-related injury and that it is causing impairment. They may also be able to assist you get the medical records required to prove your claim.