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

veterans disability attorney with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash that killed a number of people has won a major victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly 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, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives and employment as well as education. He is requesting that the VA repay him for the benefits he was deprived of and to change its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black veterans disability lawsuit Project. These data showed 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 veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed 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 rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatic memories through each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and wants the court decide to require the VA to examine its systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and arduous road.

He was denied at a rate significantly higher than white people. The discrimination was racial and pervasive, according to 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. 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 similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is essential to appeal a decision as soon as you are able. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence that supports your claim and, should it be necessary, present additional and more convincing evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstance. This can be an important advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will be able of working with medical specialists to provide additional proof of your situation. For instance an expert in medical practice might be able prove that the pain you suffer is a result of your service-connected injury and is disabling. They may also be able to help you get the medical records that are required to prove your claim.