veterans disability lawsuits, new post from www.maxtremer.com, - 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 way to earn money. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for benefits it has deprived him of, and to modify its policies on race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted 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 in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to battle zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not an honorable. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered severe emotional harm from reliving the most traumatic memories through each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but was discharged that was less than honorable because he was battling two times because of a post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding route.

He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing a decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA and could increase the level of empathy for the situation. This can be a huge benefit in your appeals process.

One of the primary reasons a veteran's disability claim is denied is because the agency hasn't properly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical experts to provide additional evidence of your health condition. For instance, a medical expert may be able to show that the pain you suffer is due to your service-related injury and is causing disability. They could be able to assist you in obtaining the medical records needed to prove your claim.