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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is why you require an attorney who is licensed to handle VA claims.

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

Class Action Settlement

The Department of veterans disability lawyers Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed 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 more frequent rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home as well as their education, employment and home. He wants the agency to reimburse him for benefits it has deprived him of and to change its policies on race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Disability Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as 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. But, he claims that the VA still has to pay him for his past denials of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatizing memories in each application and re-application, the suit states.

The lawsuit seeks financial compensation and asks the court to require the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them deserve honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members except for 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 the discharge he received was less than honorable because there were two battles because of a post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long, winding path.

He was denied benefits at a more frequent rate than his white peers. This racial discrimination was systemic and widespread, 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 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.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as soon as you are able. An experienced lawyer in veteran disability appeals will help you ensure that your appeal meets all the requirements and that it gets a fair hearing.

A lawyer who is qualified can examine the evidence used to support your claim and submit additional evidence, if necessary. A lawyer also knows the challenges involved in dealing with the VA and could create a higher level of understanding for your situation. This can be a significant benefit in your appeals.

One of the most common reasons a veteran's disability claim is rejected is because the agency has not correctly characterized their condition. A skilled attorney can make sure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. For example, a medical expert might be able prove that the pain you experience is a result of your service-connected injury and is causing disability. They might be able assist you in getting the medical records required to support your claim.