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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 earn money often rely on their benefits. This is why you require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed dozens of people has a huge victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans disability lawyers, as per a lawsuit filed Monday. 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 records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and veterans disability lawsuits employment. Monk wants the VA to reimburse him for benefits he was deprived of and to alter its policies on race discharge status, 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 by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

The lawsuit seeks damages in the form of money and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need truthful information about the veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later was discharged that was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. This discrimination against Blacks was systematic and pervasive, according 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. The lawsuit claims that the VA was aware of and failed to address decades-long 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 Veterans Disability Lawsuits benefits in the event that the claimant is dissatisfied with an assessment made by the agency. It is crucial to appeal a decision as swiftly as you are able. A lawyer who is experienced in veteran disability appeals can help you ensure that your appeal meets all the requirements and you are given a fair hearing.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present new and additional evidence should it be required. A lawyer who is familiar with the VA's issues can be more sympathetic to your situation. This can be a significant benefit to your appeals.

One of the most common reasons that a veteran's claim for disability is denied is due to the agency hasn't properly defined their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you require. An experienced attorney will be able to work with medical professionals to provide additional proof of your situation. For example an expert in medicine might be able prove that the pain you suffer is a result of your service-connected injury and that it is causing disability. They might be able assist you in obtaining the medical records needed to support your claim.