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

veterans disability lawyers with disabilities are frequently victimized by lawyers who use their benefits to make a profit. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision which killed dozens has won a major victory. However, it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. 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 the agency's records obtained by Monk and the Yale Law School veterans disability attorneys Legal Services Clinic.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He wants the VA to compensate him for the benefits they have denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than 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 filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have previously denied claims made by Black Veterans in adisproportionate way.

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 troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

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

The lawsuit seeks financial damages and also to order the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk, who volunteered 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 for his service, however he was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult route.

He was denied benefits at an amount that was significantly higher than white people. This racial discrimination was systemic and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as swiftly as you are able. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal meets all the requirements and you are given a fair hearing.

A competent lawyer will review the evidence used to support your claim and, should it be necessary, present new and additional proof. A lawyer will also know the challenges of dealing with the VA and can result in a greater degree of understanding for your situation. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will be able to collaborate with medical professionals to provide additional evidence of your health condition. For example an expert in medical practice may be able to show that the pain you experience is due to your service-related injury and is disabling. They might assist you obtain the medical records that are needed to support your claim.