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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 schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier crash that killed dozens of people has a huge victory. However, it comes at a price.

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 which is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He wants the VA to pay him back the benefits they have denied him and to change their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability 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 disability attorney (mouse click the up coming web site), according to a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. The "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most painful memories with each application and re-application for benefits the suit states.

The lawsuit seeks financial damages and also to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who are their companions deserve honest answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but then the discharge he received was less than honorable due to the fact that he was battling two times because of a post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied services at an rate that was much higher than his white peers. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorneys Legal Services Clinic at Yale Law School. It claims that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. If you're considering appealing an appeal, it's essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.

A licensed lawyer will be able to review the evidence used to support your claim and submit additional evidence in the event of need. A lawyer who knows the VA's issues can be more understanding of your situation. This could be a valuable advantage during your appeals procedure.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will also be able to work with medical professionals to provide additional proof of your health condition. A medical professional could, for instance, be able to prove that your pain is a result of your service-related injury and is in a way limiting. They might be able assist you in getting the medical records required to prove your claim.