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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and Veterans Disability Lawsuits other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a former psychiatric nursing, claims 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. He is requesting that the VA reimburse him for benefits they have denied him, and to alter their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed 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 application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to review the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or those who accompany them deserve truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims made 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-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but then the discharge he received was not a prestigious one because there were two battles because of a post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. 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 discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans disability law firms. It seeks redress for Monk and other veterans like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing an appeal, it's crucial to file an appeal immediately. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal complies with all the requirements and that it gets a fair hearing.

A competent lawyer will review the evidence used to support your claim and, when necessary, submit additional evidence. A lawyer also knows the challenges of dealing with the VA, and this can result in a greater degree of understanding for your situation. This can be a significant benefit to your appeals.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency has not correctly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will also be able of working with medical professionals to provide additional proof of your medical condition. A medical professional for instance, might be able show that your pain is due to your service-related injury and is in a way limiting. They may assist you obtain the medical records required to prove your claim.