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20 Trailblazers Leading The Way In Veterans Disability Attorney

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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 targeted by lawyers who make use of their benefits as a cash cow. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has clinched a major victory. But it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has systematically 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 in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, the Yale Law School veterans disability lawsuit Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home, employment and education. Monk wants the VA to pay him back the benefits it has denied him and to change their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most traumatizing memories in each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial damages and seeks to have the court order the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a volunteer for his country, logged 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 less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and difficult route.

He was denied access at a rate significantly higher than white people. 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 discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as swiftly as you can. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal meets all requirements and ensure that it receives a fair hearing.

A competent lawyer will review the evidence to support your claim and, if needed, provide new and additional evidence. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your situation. This could be a great benefit in your appeals process.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A reputable lawyer will also be able to collaborate with medical professionals to provide additional proof of your condition. A medical expert for instance, might be able to prove that your pain is a result of your service-related injury and that it is disabled. They might be able assist you in obtaining the medical records needed to prove your claim.

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