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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 from schizophrenia post-traumatic disorders, schizophrenia and veterans Disability other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has won a major victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of veterans disability law firms Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans disability lawyers. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA reimburse him for benefits that it has denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was awarded an unworthy military discharge in 1971. That "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered severe emotional damage from having to relive some of his most traumatic memories each time he applied and re-application for benefits, the suit claims.

The lawsuit seeks financial damages and wants the court decide to require the VA to examine the systems-wide PTSD bias. It is the latest move by groups like the ACLU and veterans Disability Service Women's Action Network to get the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims made by creditors and family members, except for child support and alimony.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was not a prestigious one because the two battles he endured were because of a post-traumatic stress disorder. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. This discrimination against blacks was widespread and widespread, as per 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 claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing a decision, it is important to appeal as soon as possible. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and that it receives a fair hearing.

A competent lawyer will review the evidence used to prove your claim, and if needed, provide new and additional proof. A lawyer will also know the challenges involved in dealing with the VA and can create a higher level of understanding for your situation. This can be a huge advantage during your appeals procedure.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't properly defined their condition. A skilled attorney can make sure that your condition is correctly classified and rated, allowing you to claim the benefits you need. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your medical condition. For instance, a medical expert might be able prove that the pain you suffer is due to your service-related injury and is causing impairment. They may also be able to assist you get the medical records that are required to prove your claim.