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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 to make money frequently use their benefits. You need 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 aircraft carrier collision has won a major victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly higher than white veterans disability attorneys. 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 greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to repay him for the benefits it has deprived him of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. The "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, however his discharge was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied access at a rate significantly higher 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 the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It alleges that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives a fair hearing.

A qualified lawyer can review the evidence used to prove your claim and then submit additional evidence and documentation when needed. A lawyer will also know the difficulties involved in dealing with the VA, and this can increase the level of empathy for your circumstance. This can be an invaluable advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A lawyer who is qualified will be able to collaborate with medical experts to provide additional evidence of your health condition. For example an expert in medicine might be able prove that the pain you experience is due to your service-related injury and is causing disability. They might also be able help you get the medical records that are needed to support your claim.