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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 disorders linked to a deadly aircraft carrier crash has won a major victory. But it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA pay him back for benefits he was deprived of and to alter its policies regarding race discharge status, 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 right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday, the veterans disability lawsuit Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and also to orally order the VA to examine its the systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that veterans can have their VA compensation garnished in order 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' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to approve his claim for disability compensation was a long and winding road.

He was denied benefits at a much higher rate than white peers. 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, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks to redress Monk and Veterans Disability Lawsuits other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. If you're considering appealing an agency decision, it's important that you do so in the earliest time possible. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal is in line with all requirements and it receives a fair hearing.

A licensed lawyer is able to examine the evidence used to justify your claim and present additional evidence and documentation when needed. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstance. This can be a significant advantage in your appeals.

One of the most common reasons why a claim for Veterans Disability Lawsuits disability benefits from a veteran is denied is due to the agency hasn't properly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. An experienced attorney will be able work with medical experts to provide additional proof of your medical condition. For instance an expert in medicine might be able demonstrate that the pain you feel is a result of your service-connected injury and that it is causing impairment. They might also be able to assist you obtain the medical records that are required to prove your claim.