Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. You require an attorney who is licensed to manage VA claims. A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an air carrier crash that claimed the lives of dozens has won a major victory. However, it comes with a significant cost. Class Action Settlement According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly 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 the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades. Monk, who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. He would like the VA to reimburse him for the benefits it has not provided him and to amend their policies on race, 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 that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans. Discrimination against PTSD The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans. Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than honorable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits. He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits. The lawsuit seeks monetary damages and also asks the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault. Alimony Discrimination The veterans who have served our nation in uniform, or who accompany them require honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by creditors and family members including child support and alimony. Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but his discharge was not a prestigious one because the two battles he endured were because of a post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and difficult road. He was denied benefits at a much higher rate than his white peers. 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 was aware of and failed to address decades-long 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're thinking of appealing an appeal, it's important to appeal as soon as possible. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal meets all requirements and ensure that it receives a fair hearing. A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer will also know the difficulties of dealing with the VA, and this can result in a greater degree of empathy for the situation. This could be a great asset in your appeals process. One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will be able of working with medical specialists to provide additional evidence of your situation. A medical expert could, for instance, be able to demonstrate that your pain is due to your service-related injury and is disabled. They might also be able to help you obtain the medical records required to prove your claim.