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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 taken advantage of by lawyers who use their benefits to make a profit. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in 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, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He wants the VA to reimburse him for veterans disability compensation benefits it has not provided him and to change their policies regarding race, 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 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 Project. The data showed that Black Veterans were statistically less likely to be granted an application 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 is based on PTSD

According to a lawsuit filed Monday in the United States, the veterans disability claim Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatizing memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks financial damages and wants the court order the VA to examine its systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and difficult path.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit brought 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. 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 disability lawyers like him.

Appeal

The VA's Board of veterans disability lawsuit Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is crucial to file an appeal as soon as you can. An experienced lawyer in veteran disability appeals can help you ensure that your appeal is in line with all the requirements and Veterans Disability Compensation it is heard in a fair manner.

A lawyer who is qualified can examine the evidence that was used to prove your claim and then submit additional evidence should it be required. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstance. This can be an invaluable advantage in the appeals process.

One of the primary reasons a veteran's disability claim can be denied is because the agency has not properly described their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will also be able to work with medical professionals to provide additional proof of your medical condition. For example an expert in medicine might be able prove that the pain you suffer is a result of your service-related injury and is disabling. They may also be able to assist you obtain the medical records required to prove your claim.