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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 targeted by lawyers who make use of their benefits as a source of cash. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won an important victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents 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 greater rate than white veterans in the past three decades.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He wants the VA to reimburse him for benefits they have denied him, and to alter their policies on race, discharge status, and denial rates.

In the past year, Monk and the veterans disability lawsuit Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money for the denials he received in the past of disability compensation. The suit claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and seeks the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims by family members and creditors in the case of child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A competent lawyer will review the evidence used to support your claim, and when necessary, submit new and additional evidence. A lawyer who understands the VA's issues can be more understanding of your situation. This could be a valuable benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your medical condition. For instance medical experts might be able demonstrate that the pain you experience is a result of your service-related injury and is causing impairment. They may be able to assist you in getting the medical evidence you need to prove your claim.