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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 victimized by lawyers who use their benefits as a source of cash. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black Veterans Disability Attorney by refusing disability compensation claims at a significantly higher rate than white veterans disability attorneys, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He would like the VA to compensate him for the benefits it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- 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 rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes 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 in 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and wants the court orally order the VA to review systems-wide PTSD bias. 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 victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered 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 was discharged that was less than honorable because there were two battles because of a post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and winding path.

He was denied benefits at a much higher rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A qualified lawyer can examine the evidence used to support your claim and submit additional evidence if necessary. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstance. This could be a valuable advantage in the appeals process.

One of the main reasons that a veteran's claim for disability is denied is due to the agency has not correctly described their condition. A skilled attorney can make sure that your condition is properly classified and rated, which will allow you to get the benefits you need. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your medical condition. A medical expert for instance, might be able show that your pain is a result of the injury you sustained while working and is debilitating. They could be able to assist you in getting the medical records you require to prove your claim.

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