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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 as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed a number of people has won a significant victory. But it comes at the cost of.

Class Action Settlement

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

Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He wants the VA to reimburse him for benefits that it has denied him and to amend their policies on race, discharge status, and denial rates.

Last year, Monk and the veterans disability lawyers 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 Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims filed by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his previous denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.

The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve truthful information about veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans disability lawsuit' payments from the claims of creditors and veterans disability Lawsuits family members in the case of alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but his discharge was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according to 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. 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.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. If you're thinking of appealing an agency decision, it's essential to do so as soon as possible. A lawyer with experience in veteran disability appeals will help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A qualified lawyer is able to examine the evidence used to support your claim and submit additional evidence and documentation if necessary. The lawyer will also be aware of the challenges involved in dealing with the VA and could create a higher level of understanding for your situation. This can be a significant advantage in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly characterized their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A professional attorney will also be able work with medical professionals to provide additional proof of your medical condition. A medical professional for instance, might be able to prove that your pain is due to your service-related injury, and is disabling. They may also be able help you get the medical records that are required to prove your claim.