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Veterans disability lawsuit Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make profits often make use of their benefits. This is why you need a attorney who is accredited to deal with VA claims.

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 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 denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He wants the VA to reimburse him for benefits it has not provided him, and to modify their policies on race and discharge status as well as 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 which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability case, according to the 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 cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatizing memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and also to order the VA to examine its the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them require honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans disability lawsuit may have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed the law 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 volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but later he received a discharge that was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA knew about and Veterans Disability Lawsuit did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees a decision made by the agency. It is important to appeal a decision as swiftly as you are able. 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 that was used to justify your claim and present additional evidence and documentation should it be required. A lawyer also knows the difficulties of dealing with the VA and could lead to a greater level of understanding for your situation. This can be a significant benefit to your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able to consult with medical professionals to provide additional proof of your situation. A medical expert could, for instance, be able prove that your pain is a result of your service-related injury, and is disabling. They may also be able to assist you get the medical records that are required to prove your claim.