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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal air carrier collision has won a major victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans disability Lawsuit (gpnmall.gp114.net). Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination by VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, their home lives, employment, and education. He wants the agency to compensate him for benefits he was deprived of and to alter its policies on race, 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 made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought 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 rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honourable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving the most traumatic memories in each application and re-application for benefits the suit says.

The lawsuit seeks financial damages, and wants the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve truthful information about the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans against claims from creditors and family members with the exception of child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied services at the rate of significantly more than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with to a decision of the agency. It is essential to appeal a decision as fast as you are able. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal meets all requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present new and additional proof. A lawyer who is knowledgeable about the VA's issues can be more understanding of your circumstance. This can be a huge advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A professional attorney will also be able to work with medical experts to provide additional proof of your health condition. For example, a medical expert might be able demonstrate that the pain you feel is related to your service-connected injury and that it is disabling. They may also be able assist you in getting the medical records required to support your claim.