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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 taken advantage of by lawyers who use their benefits as a source of cash. You require an attorney who is licensed to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white edgewater veterans disability attorney during the last three decades.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He would like the VA to reimburse him for benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.

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

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honourable. The “bad paper” prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money for his past denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatic memories through each application and re-application for benefits, the suit says.

The lawsuit seeks financial compensation, and wants the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women’s Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve honest answers about the veterans disability compensation and its influence on the financial aspects of divorce. One of the most commonly held misconceptions is that courts in the state can take away veterans’ VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans’ payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and Vimeo equipment out of combat zones. He was awarded numerous medals, but then his discharge was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like him.

Appeal

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you’re thinking of appealing a decision, it is crucial to file an appeal as soon as you can. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal meets all requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence used to support your claim, and if necessary, submit new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA, and this can lead to a greater level of empathy for the situation. This can be a huge asset in your appeals process.

One of the primary reasons a veteran’s disability claim is rejected is because the agency has not properly characterized their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will be able to work with medical specialists to provide additional evidence of your health condition. A medical professional for instance, might be able to prove that your pain is due to your service-related injury and that it is in a way limiting. They may also be able assist you in getting the medical evidence you need to support your claim.