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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 illnesses related to an air carrier crash which killed dozens has a huge victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, veterans disability law Firms as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency repay him for the benefits that it has taken him out of and to alter its policies regarding race discharge status, discharge status, and denial rates.

Monk and veterans disability law firms the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which 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 a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on 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 been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

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

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and also to require the VA to examine the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but he received a discharge that was not a prestigious one because there were two battles because of a post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on his behalf by the National veterans disability law firms Council for Legal Redress and the veterans disability lawyers Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

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. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence, when needed. A lawyer who is familiar with the VA's issues can be more understanding of your circumstance. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your health condition. For instance, a medical expert might be able prove that the pain you feel is due to your service-related injury and that it is causing disability. They could be able to assist you in getting the medical evidence you need to prove your claim.