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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 victimized by lawyers who use their benefits as a way to earn money. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly air carrier collision has won an important victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of sandy veterans disability lawyer Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and 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 over the past three decades.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, Veterans Disability Lawsuit education and employment. He wants the VA to reimburse him for benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. That "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money due to the denials he received in the past of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort 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

The veterans who have served our nation in uniform and those who accompany them require honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later he received a discharge that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other Veterans Disability Lawsuit who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees to a decision of the agency. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.

A qualified lawyer will be able to review the evidence that was used to support your claim and submit new and additional evidence should it be required. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstances. This can be a significant advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. For example, a medical expert could be able to prove that the pain you suffer is due to your service-related injury and that it is causing disability. They could be able to assist you in obtaining the medical records needed to prove your claim.