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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 make money frequently use their benefits. This is why you should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to 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. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He wants the agency to repay him for the benefits he has been deprived of and to alter its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request which they filed on behalf of National veterans disability attorneys Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based 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 is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was not an honorable. The "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and wants the court order the VA to examine its systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them deserve honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that courts in the state can garnish 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 shield veterans' payments from claims made by family members and creditors with the exception of child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's essential to do so as soon as you can. An experienced lawyer in appeals for veterans disability can help ensure that your appeal meets all the requirements and it receives a fair hearing.

A licensed lawyer will be able to review the evidence used to support your claim and submit additional evidence when needed. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This could be a great asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. An experienced attorney will be able work with medical professionals to provide additional evidence of your health condition. A medical professional could, for instance, be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabled. They might also be able to help you obtain the medical records required to prove your claim.