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

Attorneys who exploit disabled veterans to earn money often use their benefits. You require an attorney who is licensed to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a 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 higher rate than those of white veterans disability law firm in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA pay him back the benefits that it has denied him and to amend their policies on race, discharge status, and denial rates.

Monk and the veterans disability law firms Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in 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. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most painful experiences on each application for benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to examine its systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them deserve honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payment against claims from creditors and family members, except for alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than white people. This racial discrimination was systemic and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an opinion of the agency. It is crucial to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, if needed, provide new and additional evidence. A lawyer will also know the difficulties involved in dealing with the VA, and this can create a higher level of empathy for the situation. This could be a great advantage in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will be able to work with medical experts to provide additional proof of your health condition. For example, a medical expert might be able prove that the pain you suffer is a result of your service-connected injury and that it is causing disability. They may be able to assist you in getting the medical evidence you need to support your claim.