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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 issues related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a hefty cost.

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, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to pay him back for Newton Veterans Disability Lawsuit benefits he has been deprived of, and to modify 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 information in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Newton Veterans Disability Lawsuit Legal Redress, and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans disability law firm.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honourable. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered emotional damage from having to relive some of his most traumatic memories through each application and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and wants the court orally order the VA to look into systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals for his service, but was later acquitted of a less honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a much greater rate than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, should it be necessary, present new and additional evidence. A lawyer who understands the VA's issues can be more understanding of your circumstance. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified attorney will be able to collaborate with medical professionals to provide additional proof of your situation. A medical professional, for example, may be able show that your pain is due to the injury you sustained while working and is debilitating. They may be able to assist you in getting the medical records required to prove your claim.