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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a cash cow. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash that killed a number of people has won a significant victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate 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. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He wants the agency to compensate him for benefits it has deprived him of and to change its policies regarding race as well as discharge status and denial rates.

Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to combat zones. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and asks the court to orally order the VA to examine the systems-wide 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 survivors of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. 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 isn't 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 except for alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied access at an rate that was much higher than his white peers. According to the lawsuit filed on 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. It claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans like Monk.

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 essential to appeal a decision as soon as you are able. A lawyer with experience in appeals for veterans disability lawsuits disability can assist you in ensuring that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A qualified lawyer can review the evidence that was used to justify your claim and present new and additional evidence if necessary. A lawyer will also know the difficulties of dealing with the VA and this could create a higher level of empathy for your situation. This can be an invaluable asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your situation. A medical expert for instance, might be able to prove that your pain is due to the injury you sustained while working and is in a way limiting. They could be able to assist you in obtaining the medical records needed to support your claim.