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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that killed a number of people has won a major victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly higher than white veterans. 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 more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, Click In this article a retired psychiatric nurse, claims that discrimination by VA has caused him, HOME as well as other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He would like the VA to reimburse him for benefits it has not provided him and to change their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or 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 submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatic memories in each application and re-application, the suit states.

The lawsuit seeks financial damages and also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them require honest answers about veterans disability lawyer disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members except for alimony or child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing a decision, it is crucial to file an appeal in the earliest time possible. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and it receives a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, if needed, provide additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA and can create a higher level of understanding for your situation. This can be a valuable benefit in your appeals.

One of the primary reasons a veteran's disability claim can be denied is because the agency has not correctly described their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your medical condition. For instance an expert in medical practice could be able to prove that the pain you feel is related to your service-connected injury and that it is causing you to be disabled. They may assist you obtain the medical records that are required to prove your claim.