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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 victimized by lawyers who use their benefits to make a profit. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old 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 over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, and others of black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He would like the VA to compensate him for the benefits they have denied him, and to modify their policies regarding race, discharge status, and denial rates.

Last 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 the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most painful memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks financial damages, and wants the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who are their companions deserve truthful information about the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge when he got 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 benefits at a much higher rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and Veterans Disability Lawsuits the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and failed to address decades of 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 an assessment made by the agency. If you are considering appealing an appeal, it's important to appeal in the earliest time possible. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A competent lawyer will review the evidence to support your claim and, if necessary, submit new and additional proof. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstance. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, allowing you to receive the benefits you require. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your medical condition. For example, a medical expert may be able to show that the pain you are experiencing is due to your service-related injury and that it is causing disability. They may also be able assist you in getting the medical records required to prove your claim.

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