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

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A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash which killed dozens has a huge victory. However, it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white Veterans Disability Attorney during the past three decades.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He would like the VA to pay him back the benefits they have denied him, and to alter their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" kept him from obtaining aid for Veterans Disability Attorney tuition, home loans and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit is seeking monetary damages and wants the court decide to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, but then the discharge he received was not a prestigious one because there were two battles due to an undiagnosed post-traumatic disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeal

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 agency decision, it's essential to do so in the earliest time possible. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is compliant with all the requirements and you are given a fair hearing.

A lawyer who is qualified can review the evidence that was used to justify your claim and present additional evidence if necessary. A lawyer who understands the VA's challenges can be more understanding of your situation. This could be a great advantage in your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A professional attorney will also be able work with medical experts to provide additional proof of your situation. For example medical experts could be able to prove that the pain you feel is related to your service-connected injury and is disabling. They may also be able assist you in getting the medical records required to prove your claim.