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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate 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. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He demands that the agency repay him for the benefits he was deprived of and to change its policies on race, discharge status and 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, which they submitted on behalf of 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 between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans disability law firms of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to look into the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who are their companions deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, 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 received several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The fight to get the VA to approve his claim for disability compensation was a long, winding road.

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

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. It is essential to appeal a decision as soon as you are able. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A lawyer who is qualified will be able to review the evidence used to back your claim and provide additional evidence if necessary. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstance. This can be an invaluable advantage in the appeals process.

One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't properly classified their condition. A lawyer who is experienced can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will be able work with medical experts to provide additional proof of your medical condition. A medical professional is one example. They may be able show that your pain is due to your service-related injury, and is disabled. They might also be able to assist you get the medical records that are needed to support your claim.