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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 targeted by lawyers who make use of their benefits as a way to earn money. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has won a major victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying 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. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans disability law firm in the last three decades.

Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He would like the VA to pay him back the benefits they have denied him, and to alter their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made 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 the right to claim disability benefits than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color 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 suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than honourable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and seeks to have the court order the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, deserve 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 to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims made by family members and creditors in the case of alimony and 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 several medals, but later his discharge was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an opinion of the agency. It is crucial to appeal a decision as fast as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all requirements and it receives a fair hearing.

A lawyer who is qualified is able to examine the evidence used to support your claim and submit additional evidence, in the event of need. A lawyer will also know the difficulties of dealing with the VA and this could lead to a greater level of understanding for your situation. This could be a great benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A reputable lawyer will also be able to collaborate with medical specialists to provide additional evidence of your situation. For example an expert in medicine may be able to show that the pain you are experiencing is due to your service-related injury and is causing disability. They could be able to assist you in getting the medical records required to support your claim.