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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes at an expense.

Class Action Settlement

The Department of veterans disability case Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA pay him back the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.

Last 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 disability attorneys Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans disability litigation between 2001 and 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 lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously denied claims filed by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial damages and asks the court to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve truthful information about veterans disability compensation and its effect on money issues in divorce. One of the most common myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members including child support and alimony.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then was discharged that was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and winding journey.

He was denied benefits at a much more frequent 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 Legal Services Clinic, this discrimination against blacks was systematic and widespread. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans disability litigation. It seeks justice for Monk and other veterans.

Appeal

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

A licensed lawyer is able to examine the evidence used to support your claim and submit additional evidence should it be required. A lawyer will also know the challenges of dealing with the VA and can increase the level of empathy for your situation. This can be a huge asset in your appeals process.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency has not correctly classified their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your situation. A medical expert for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury, and veterans Disability lawsuit is debilitating. They may also be able to help you get the medical records required to prove your claim.