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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 as a source of cash. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in 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, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans disability attorney during the last three decades.

Monk, a retired psychiatrist, says that discrimination by VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA compensate him for benefits that it has taken him out of, and to modify its policies on race as well as discharge status and 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 revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

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

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law contained 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 accepted a call 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 several medals, but the discharge he received was not a prestigious one because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

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, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

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

A qualified lawyer can examine the evidence used to back your claim and provide new and additional evidence if necessary. The lawyer will also be aware of the challenges of dealing with the VA and this could lead to a greater level of empathy for your situation. This could be a great asset in your appeals.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly classified their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to receive the benefits that you deserve. A lawyer who is qualified will be able of working with medical experts to provide additional proof of your medical condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and that it is in a way limiting. They may assist you get the medical records needed to support your claim.