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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 taken advantage of by lawyers who use their benefits as a way to earn money. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier collision has won an important victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. He wants the agency to reimburse him for benefits that it has taken him out of and to alter its policies regarding race as well as 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 that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse 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 significant emotional trauma from reliving some of his most traumatic memories each time he applied and re-application, the suit states.

The lawsuit seeks financial damages and also asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims by creditors and family members, except for alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied services at the rate of significantly more than white people. 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. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans disability lawsuit [learn more about Iwebplus] 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. If you are considering appealing an agency decision, it's important that you do so as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A lawyer with experience can look over the evidence used to prove your claim, and should it be necessary, present additional evidence. A lawyer will also know the challenges of dealing with the VA and could create a higher level of understanding for your situation. This could be a great benefit in your appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. A medical professional for instance, might be able prove that your pain is a result of your service-related injury, and is disabled. They might assist you obtain the medical records needed to support your claim.