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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 deadly aircraft carrier collision has won an important victory. But it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans 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 caused him, and other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. He would like the VA to pay him back the benefits that it has denied him and to change their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, Veterans Disability Lawsuits the average denial rate was 6.3% higher for veterans disability law firms of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorneys, according to a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military to reverse his discharge. He was awarded full benefits both 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 from reliving some of his most traumatizing memories in each application and re-application for benefits, the suit states.

The lawsuit seeks financial compensation and asks the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform, or who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but then was discharged that was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at the rate of significantly more than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an assessment made by the agency. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A qualified lawyer can review the evidence that supports your claim and, if needed, provide additional and more convincing evidence. A lawyer will also know the challenges involved in dealing with the VA, and this can result in a greater degree of empathy for your situation. This can be an important benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your medical condition. A medical expert for instance, might be able prove that the pain you are experiencing is due to the injury you sustained while working and is disabled. They could be able to assist you in getting the medical records you require to prove your claim.