veterans disability lawsuits - Www.encoskr.com - - 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 conditions linked to a deadly aircraft carrier crash has clinched an important victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents 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 past three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA compensate him for benefits he was deprived of and to change 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 data last year through Freedom of Information Act request that they submitted on behalf of National veterans disability attorneys Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not acceptable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with every application for Veterans Disability Lawsuits benefits.

The lawsuit seeks monetary damages and also to require the VA to look into systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require truthful information about veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The fight to get the VA to grant his claim for disability compensation was a long and difficult route.

He was denied benefits at an amount that was significantly higher than white people. This racial discrimination was systemic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is crucial 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 an impartial hearing.

A qualified lawyer can review the evidence to support your claim and, if necessary, submit new and additional evidence. A lawyer also knows the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for the situation. This could be a great advantage in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your health condition. A medical professional could, for instance, be able show that your pain is due to your service-related injury and that it is disabled. They may assist you obtain the medical records required to prove your claim.