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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 stress disorder and other mental health conditions linked to a fatal air carrier collision has won a major victory. But it comes at cost.

Class Action Settlement

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

Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to repay him for the benefits that it has taken him out of and to amend its policies regarding race, discharge status and 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 which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued an unworthy military discharge in 1971. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional harm as he relived some of his most painful memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks financial damages and asks the court to order the VA to look into systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them require honest answers about the benefits for veterans disability attorney and their influence on the financial aspects of divorce. One of the biggest myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims by family members and creditors including alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals, Veterans Disability lawsuits but later the discharge he received was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding route.

He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, 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 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.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. If you are considering appealing an appeal, it's essential to do so as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A qualified lawyer can examine the evidence used to support your claim and submit new and additional evidence should it be required. A lawyer who knows the VA's issues can be more sympathetic to your situation. This could be a great asset in your appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your situation. For instance an expert in medical practice could be able to prove that the pain you suffer is related to your service-connected injury and that it is causing impairment. They may also be able assist you in getting the medical records required to prove your claim.