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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 to make a profit. This is why you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed a number of people has a huge victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who 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, education and employment. He is requesting that the VA pay him back for benefits he was deprived of and Veterans Disability Lawsuits to amend its 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 information through 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 be granted an appeal for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. That "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks financial damages and asks the court to order the VA to examine the the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard 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, 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, but later his discharge was not honorable as he had two fights because of a post-traumatic stress disorder. His battle for veterans disability lawsuits the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at a rate significantly higher than white people. The discrimination was racial and widespread, according to 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 claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA's Board of veterans disability lawsuit Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A licensed lawyer can examine the evidence to support your claim, and when necessary, submit new and additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your circumstances. This can be a huge advantage during your appeals procedure.

One of the main reasons a veteran's disability claim is rejected is because the agency has not properly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional proof of your condition. A medical professional for instance, might be able show that your pain is caused by your service-related injury, and is debilitating. They might also be able to help you obtain the medical records that are required to support your claim.