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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 stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans disability attorney [web068.dmonster.Kr] Affairs discriminates against Black veterans by denying their disability claims at a rate which is significantly higher than white veterans. 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 greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA pay him back the benefits it has 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 by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims filed by Black Veterans in adisproportionate way.

Conley Monk signed up to serve 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 eventually got into two fights with fellow Marines which he blamed on his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a range of 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 harm by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to order the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans disability lawsuit from claims brought by creditors and family members, except for alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an impartial hearing.

A lawyer who is qualified is able to examine the evidence used to support your claim and submit additional evidence, when needed. A lawyer also knows the difficulties involved in dealing with the VA and this could create a higher level of empathy for the situation. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional evidence of your condition. For instance medical experts could be able to prove that the pain you are experiencing is due to your service-related injury and is causing impairment. They might also be able to assist you get the medical records that are required to support your claim.