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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 cash cow. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier which killed dozens has won a major victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on 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, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He would like the VA to reimburse him for the benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted on behalf of National veterans disability attorney Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them require truthful information about the benefits for veterans and their effect on money issues in divorce. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, but was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long, winding journey.

He was denied services at a rate significantly higher than his white peers. This racial discrimination was systemic 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 knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're thinking of appealing an agency decision, it's crucial to file an appeal as soon as possible. An experienced lawyer in appeals for veterans disability can help ensure that your appeal meets all the requirements and that it is heard in a fair manner.

A lawyer who is qualified can examine the evidence used to support your claim and submit additional evidence and documentation in the event of need. A lawyer will also know the difficulties of dealing with the VA and this could increase the level of empathy for the situation. This can be a significant benefit to your appeals.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency hasn't properly characterized their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A professional attorney will also be able work with medical experts to provide additional proof of your health condition. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is disabled. They may be able to assist you in getting the medical records you require to prove your claim.