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Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You should hire an attorney who is certified to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records 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 much higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA reimburse him for the benefits it has not provided him and to change their policies on race and discharge status as well as denial rates.

Monk and the veterans disability lawyers Legal Services Clinic received 20 years of VA disability claim data in the past year as part of 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 revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. He also suffered severe emotional harm from reliving some of his most painful memories with each application and re-application, the suit states.

The lawsuit seeks damages in the form of money and also asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them need honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the most popular 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 the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation against claims from family members and creditors in the case of child support and alimony.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but was discharged that was less than honorable because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a higher rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

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

A licensed lawyer can examine the evidence used to justify your claim and present new and additional evidence in the event of need. The lawyer will also understand the challenges of dealing with the VA, and this can create a higher level of empathy for your situation. This could be a valuable advantage in the appeals process.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical specialists to provide additional proof of your condition. For instance, a medical expert could be able to prove that the pain you experience is a result of your service-related injury and that it is causing impairment. They may also be able assist you in getting the medical records required to support your claim.