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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering 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 significant victory. However, it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, 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 in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. He is requesting that the VA reimburse him for benefits it has not provided him, and to modify their policies regarding race, discharge status, and denial rates.

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

Discrimination due to PTSD

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

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. That "bad paper" kept him from obtaining mortgages, tuition assistance 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. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional harm as he relived the most traumatic memories in each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and also to orally order the VA to review 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 victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve 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 alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by creditors and family members with the exception of child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans 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 in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to support your claim and submit additional evidence and documentation when needed. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This can be a huge benefit in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is because the agency has not correctly characterized their condition. A qualified attorney can ensure that your condition is properly classified and rated, allowing you to receive the benefits you require. A professional attorney will also be able to work with medical professionals to provide additional evidence of your situation. A medical expert could, for instance, be able prove that your pain is a result of the injury you sustained while working and is disabling. They may also be able help you obtain the medical records required to support your claim.