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

ocala veterans disability law firm with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won an important victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies 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 records obtained by Monk, 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 over the past three decades.

Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He would like the VA to pay him back the benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to 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 a diagnosis of PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and wants the court order the VA to examine its systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who 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 biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law contained in Title 38, U.S. Code to protect sun prairie veterans disability lawyer' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but later he received a discharge that was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a west long Branch veterans disability attorney and arduous route.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an appeal, it's important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted a fair hearing.

A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence if necessary. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This can be an invaluable advantage during your appeals procedure.

One of the main reasons that a veteran's claim for disability is rejected is because the agency hasn't properly defined their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to get the benefits you're entitled to. A lawyer who is qualified will be able to work with medical experts to provide additional evidence of your health condition. For instance, a medical expert could be able to prove that the pain you suffer is due to your service-related injury and that it is disabling. They may be able to assist you in getting the medical evidence you need to prove your claim.