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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 targeted by lawyers who make use of their benefits as a way to earn money. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to an air carrier crash that claimed the lives of dozens has won a significant victory. However, it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, a retired psychiatrist, says that discrimination by VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He demands that the agency compensate him for benefits it has deprived him of and to alter 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 through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

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

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was given a less-than-honorable military discharge in 1971. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

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

The lawsuit seeks financial compensation and asks the court to direct 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 force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them require truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long, winding route.

He was denied at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and pervasive, according 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 alleges that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeals

The VA's Board of veterans disability Attorney Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as fast as you are able. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal meets all requirements and you are given a fair hearing.

A competent lawyer will review the evidence used to support your claim and, should it be necessary, present new and additional evidence. A lawyer who is familiar with the VA's challenges can be more sympathetic to your situation. This can be a valuable asset in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A qualified attorney can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A qualified attorney will be able to work with medical experts to provide additional proof of your condition. For example medical experts might be able prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They might be able assist you in obtaining the medical records needed to prove your claim.