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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 aircraft carrier collision has won an important victory. But it comes with a hefty price tag.

Class Action Settlement

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

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. Monk wants the VA to reimburse him for benefits it has deprived him of and to amend its policies regarding race discharge status, discharge status, and denial rates.

In the past 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 that they made 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 an application for disability than white veterans between 2001 and Veterans Disability Lawsuits 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 Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, Veterans Disability Lawsuits even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm as he relived some of his most traumatic memories with each application and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members, except for alimony and child support.

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

He was denied services at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans disability law firm. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. If you're thinking of appealing a decision, it is crucial to file an appeal immediately. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal complies with all the requirements and that it receives a fair hearing.

A lawyer who is qualified can examine the evidence used to prove your claim and then submit additional evidence, when needed. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstances. This can be a valuable advantage in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly described their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A qualified lawyer will be able to work with medical experts to provide additional proof of your situation. A medical expert, for example, may be able show that your pain is a result of your service-related injury and that it is debilitating. They could be able to assist you in obtaining the medical records needed to support your claim.