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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 money often rely on their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an air carrier crash that claimed the lives of dozens has won a significant victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School veterans disability law firms Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He would like the VA to compensate him for the benefits it has denied him and to amend their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

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

Alimony Discrimination

Anyone who was in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long and difficult route.

He was denied benefits at an rate that was much higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with to a decision of the agency. If you're considering appealing the decision, it is important that you do so immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A qualified lawyer can examine the evidence that was used to prove your claim and then submit additional evidence and documentation should it be required. A lawyer who knows the challenges faced by the VA can be more sympathetic to your situation. This could be a great advantage in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your situation. For example an expert in medicine might be able prove that the pain you feel is a result of your service-related injury and that it is causing you to be disabled. They could be able to assist you in getting the medical evidence you need to support your claim.
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