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

Attorneys who profit from disabled veterans to make money often use their benefits. This is why you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier which killed dozens has a huge victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of veterans disability law firm Affairs discriminates against Black veterans when it denies their disability claims at a rate which 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. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, veterans Disability lawsuits as well as others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the agency to compensate him for benefits that it has taken him out of and to alter its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered severe emotional damage from having to relive some of his most traumatizing memories through each application and re-application to receive benefits, the suit states.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require honest answers about veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but then his discharge was not a prestigious one because the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long and difficult road.

He was denied benefits at a more frequent rate than his white peers. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A competent lawyer will review the evidence that supports your claim and, when necessary, submit additional evidence. A lawyer who knows the challenges faced by the VA can be more understanding of your situation. This can be an invaluable asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert, for example, may be able show that your pain is a result of your service-related injury and that it is disabling. They may assist you get the medical records needed to support your claim.