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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to earn money frequently use their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and 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 past three decades.

Monk, a retired psychiatric nursing, veterans Disability lawsuit claims that discrimination at the hands of VA has led him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He would like the VA to reimburse him for the benefits that it has denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted 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 claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatizing memories through each application and re-application, the suit states.

The lawsuit seeks financial compensation and asks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Veterans Disability Lawsuit Service Women's Action Network to demand the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who are their companions deserve truthful answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but later he received a discharge that was less than honorable because he had two fights due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and winding journey.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawsuit (reviews over at trueandfalse.info) Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

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 are considering appealing an appeal, it's essential to do so as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.

A competent lawyer will review the evidence to support your claim, and when necessary, submit additional evidence. A lawyer who is knowledgeable about the VA's issues can be more understanding of your situation. This could be a valuable asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A professional attorney will also be able work with medical professionals to provide additional evidence of your condition. A medical expert for instance, might be able show that your pain is due to your service-related injury and that it is disabled. They may also be able to help you get the medical records that are needed to support your claim.