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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 exploited by attorneys who use their benefits as a way to earn money. This is why you require an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won a major victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. Monk wants the VA to repay him for the benefits that it has taken him out of, and to modify its policies on 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 through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join 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. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honorable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm from reliving the most traumatic memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and wants the court order the VA to examine the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need honest answers about the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but was discharged that was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. The fight to get the VA to accept his claim for disability compensation was a long and difficult road.

He was denied benefits at a higher rate than white counterparts. This racial discrimination was systemic and widespread, 133.6.219.42 as per 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. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of veterans disability lawyer Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's essential to do so immediately. A lawyer with experience in veteran disability appeals can help ensure that your appeal is compliant with all the requirements and it receives a fair hearing.

A competent lawyer will review the evidence used to support your claim, and should it be necessary, present additional evidence. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be an important asset in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly characterized their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A qualified attorney will be able to collaborate with medical professionals to provide additional proof of your medical condition. For example medical experts may be able to show that the pain you feel is related to your service-connected injury and is causing you to be disabled. They might also be able help you obtain the medical records required to prove your claim.