veterans disability Lawsuits (7947.pe.Kr) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. You require an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has clinched a major victory. However, it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home, employment and education. He is requesting that the VA pay him back for benefits it has deprived him of, and to modify its policies on race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 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 Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted 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. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks damages in the form of money and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members 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, moving equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans disability lawyers.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as soon as you can. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal meets all requirements and ensure that it gets a fair hearing.

A lawyer who is qualified can review the evidence used to back your claim and provide additional evidence and documentation in the event of need. A lawyer also knows the difficulties of dealing with the VA and this could result in a greater degree of empathy for your situation. This could be a great advantage in the appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly characterized their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you require. A professional attorney will also be able to work with medical experts to provide additional evidence of your medical condition. For instance an expert in medical practice may be able to show that the pain you experience is a result of your service-connected injury and is causing impairment. They may also be able to help you obtain the medical records that are required to prove your claim.