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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 conditions related to a deadly air carrier collision has won an important victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans disability lawyer. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, 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 who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. Monk wants the VA to reimburse him for benefits it has denied him and to change their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone 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 on 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 decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not honourable. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money for his past denials of disability compensation. He also suffered severe emotional harm as he relived some of his most painful memories through each application and re-application, the suit claims.

The lawsuit seeks monetary damages and seeks to have the court order the VA to look into systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, but he was later issued a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

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 suit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. If you're considering appealing a decision, it is crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an equitable hearing.

A qualified lawyer can examine the evidence that was used to back your claim and provide new and additional evidence when needed. A lawyer who knows the VA's issues can be more sympathetic to your situation. This could be a great advantage in the appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly defined their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will be able to work with medical experts to provide additional evidence of your condition. For example, a medical expert might be able demonstrate that the pain you experience is a result of your service-connected injury and is causing you to be disabled. They may assist you get the medical records that are required to prove your claim.