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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 was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an air carrier crash which killed dozens has been awarded a significant victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. Monk wants the VA to pay him back the benefits they have denied him, and to modify their policies on 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 via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorneys 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 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have denied claims made by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm from reliving the most traumatic memories with each application and re-application for benefits the suit says.

The lawsuit seeks financial compensation and seeks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans can have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however was discharged that was not a prestigious one because the two battles he endured were due to undiagnosed 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 services at a rate significantly higher than his white peers. According to the lawsuit filed on 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. The lawsuit asserts that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans disability attorney (Dnpaint.co.kr).

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is essential to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal meets all requirements and it is heard in a fair manner.

A qualified lawyer is able to examine the evidence that was used to justify your claim and present additional evidence when needed. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This can be a valuable advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. An experienced attorney will ensure that your condition is properly classified and rated, veterans disability attorney which will allow you to obtain the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional proof of your health condition. For example, a medical expert might be able demonstrate that the pain you suffer is a result of your service-related injury and is causing you to be disabled. They might also be able to assist you get the medical records that are required to support your claim.