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

Attorneys who profit from disabled veterans disability attorney to make money frequently use their benefits. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans. 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 documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, home life work, education, and employment. He wants the agency to repay him for the benefits that it has taken him out of and to change its policies on race discharge status, 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 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 prone to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatizing memories through each application and re-application for benefits the suit claims.

The lawsuit seeks financial compensation, and wants the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by creditors and family members, Veterans Disability except for child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, Veterans Disability but he received a discharge that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and difficult route.

He was denied benefits at a rate significantly higher than white people. According to the lawsuit filed on 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. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar 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 crucial to appeal a decision as fast as you are able. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A qualified lawyer can examine the evidence used to justify your claim and present additional evidence and documentation should it be required. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstances. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. An experienced attorney will be able work with medical professionals to provide additional evidence of your medical condition. A medical professional, for example, may be able show that your pain is due to your service-related injury and is in a way limiting. They may be able to assist you in obtaining the medical records needed to prove your claim.

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