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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawyer Disability Lawsuits

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A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed a number of people has a huge victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is much higher than white veterans. 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 much higher rate than those of white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to reimburse him for benefits that it has taken him out of and to change its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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. This data showed that Black veterans were statistically less likely to receive a disability claim than white Veterans disability Attorney between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than 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 is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks financial damages and asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them require truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans disability attorney' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals, but later was discharged that was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing a decision, it is crucial to file an appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.

A qualified lawyer can review the evidence to support your claim, and if necessary, submit new and additional evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This can be an invaluable asset in your appeals process.

One of the primary reasons that a veteran's claim for disability can be denied is because the agency hasn't properly defined their condition. An experienced attorney can make sure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your health condition. A medical expert, for example, may be able to prove that your pain is caused by your service-related injury, and is debilitating. They may be able to assist you in getting the medical evidence you need to support your claim.