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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by 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 during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA reimburse him for benefits he has been deprived of, and to modify its policies on race as well as 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied 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 denied claims from Black veterans disability law firm.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional harm as he relived the most traumatic memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks monetary damages and asks the court to order the VA to examine the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. This discrimination against blacks was widespread and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA Board of veterans disability attorneys Appeals examines claims for benefits in the event that an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as swiftly as you are able. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim, and if needed, provide new and additional evidence. The lawyer will also be aware of the difficulties involved in dealing with the VA and can increase the level of understanding for your situation. This can be a valuable benefit in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A qualified attorney will be able work with medical experts to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you feel is a result of your service-connected injury and that it is causing impairment. They might also be able to assist you get the medical records needed to support your claim.