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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier collision has won an important victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. Monk wants the VA to reimburse him for benefits he was deprived of and to amend its policies regarding race discharge status, 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 submitted 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 receive a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given 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 reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and asks the court to require the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who are their companions deserve truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims by family members and creditors including child support and alimony.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but later his discharge was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an appeal, it's essential to do so in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal meets all requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence used to support your claim, and if necessary, submit new and additional evidence. A lawyer also knows the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for the situation. This could be a valuable advantage in the appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly classified their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A lawyer who is qualified will be able to consult with medical experts to provide additional proof of your situation. A medical professional for instance, might be able prove that your pain is caused by the injury you sustained while working and is debilitating. They may be able to assist you in getting the medical records required to prove your claim.

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