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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 victimized by lawyers who use their benefits to make a profit. This is why you should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier collision that killed dozens of people has a huge victory. But it comes with a huge price tag.

Class Action Settlement

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

Monk, a retired psychiatrist, says that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. Monk wants the VA to repay him for the benefits it has deprived him of and to alter its 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 via Freedom of Information Act requests that they made on behalf of the National veterans disability attorney Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal 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

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims filed by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive the most traumatic memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and asks the court to order the VA to look into the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them need honest answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden 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 that were caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and winding road.

He was denied access at an amount that was significantly 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 disability lawyers Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an opinion of the agency. If you're thinking of appealing a decision, it is important that you do so immediately. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is in line with all the requirements and that it receives a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, if needed, provide additional evidence. A lawyer will also know the difficulties of dealing with the VA and this could result in a greater degree of empathy for your circumstance. This can be a valuable benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your medical condition. For example an expert in medicine might be able demonstrate that the pain you experience is a result of your service-connected injury and is causing you to be disabled. They could be able to assist you in obtaining the medical records needed to prove your claim.
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