Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits Veterans with disabilities are often exploited by attorneys who use their benefits as a source of cash. You need an attorney who is certified to deal with VA claims. A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. But it comes with cost. Class Action Settlement The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic. Monk who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. He demands that the agency compensate him for benefits it has deprived him of and to amend its policies on 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 that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans. Discrimination against PTSD The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have historically denied claims submitted by Black Veterans in adisproportionate way. Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. Monk was later involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits. He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most painful experiences on each and every application for benefits. The lawsuit seeks monetary damages and wants the court decide to require the VA to look into systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault. Alimony Discrimination The veterans who have served our country in uniform or those who accompany them need honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payments from claims brought by creditors and family members, 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 out of combat zones. He was awarded several medals, but he received a discharge that was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to convince the VA to accept disability compensation. He was denied at an rate that was much higher than his white peers. According to the lawsuit filed in 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. It asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like him. 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. If you are considering appealing an agency decision, it's important that you do so as soon as possible. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal is in line with all requirements and it is heard in a fair manner. A licensed lawyer can examine the evidence that supports your claim, and if needed, provide new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This can be a valuable benefit to your appeals. A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A lawyer who is qualified will be able to work with medical specialists to provide additional proof of your situation. A medical professional, for example, may be able to prove that the pain you are experiencing is due to your service-related injury and that it is disabled. They might also be able to assist you obtain the medical records that are required to prove your claim.