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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 exploited by attorneys who use their benefits to make a profit. This is why you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has won a major victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on 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, 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 during the past three decades.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back the benefits that it has denied him, and to modify their policies regarding race and discharge status as well as 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 that they submitted on behalf of National veterans disability lawsuit Council for Legal Redress and the Black veterans disability lawsuit Project. The data revealed that Black veterans disability lawyer were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, veterans disability lawsuit driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and asks the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the 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, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied benefits at a much more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks to redress Monk and other Veterans Disability Attorney who are like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. It is important to appeal a decision as swiftly as you can. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal meets all requirements and you are given a fair hearing.

A lawyer with experience can look over the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer who understands the VA's issues can be more understanding of your circumstance. This could be a great advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will be able of working with medical professionals to provide additional evidence of your health condition. For instance medical experts could be able to prove that the pain you feel is a result of your service-related injury and that it is causing impairment. They may also be able assist you in getting the medical records you require to support your claim.