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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 way to earn money. This is why you should hire a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and veterans Disability other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during 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 VA denied his disability claim at a higher rate than white veterans in 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 way that has affected their health, their home lives and employment as well as education. He wants the agency to reimburse him for benefits it has deprived him of and to change its policies on race discharge status, 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 disability law firms Project. The data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

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 ended up in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid, as well as 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 asserts that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered significant emotional harm from reliving some of his most painful memories through each application and re-application for benefits, the suit says.

The lawsuit seeks financial damages and also to decide to require the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need honest answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied at an amount that was significantly higher than his 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, this discrimination against blacks was systematic and widespread. It claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's essential to do so as soon as you can. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal complies with all the requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence used to prove your claim, and if necessary, submit new and additional proof. A lawyer also knows the difficulties involved in dealing with the VA and this could lead to a greater level of understanding for your situation. This can be a significant asset in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A qualified lawyer will also be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert, for example, may be able prove that your pain is caused by your service-related injury and that it is debilitating. They may be able to assist you in getting the medical records required to prove your claim.