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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier collision that killed a number of people has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to reimburse him for the benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted 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 and helping move equipment and troops to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than honourable. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatic memories with each application and re-application, the suit says.

The lawsuit seeks damages in the form of money and seeks the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was not a prestigious one because he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. According to the lawsuit filed in 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 suit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. It is crucial to appeal a decision as soon as you are able. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal complies with all the requirements and that it is heard in a fair manner.

A lawyer with experience can look over the evidence that supports 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 your situation. This can be an important benefit to your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your medical condition. For instance medical experts might be able demonstrate that the pain you experience is a result of your service-related injury and is disabling. They might be able assist you in obtaining the medical records needed to prove your claim.