Veterans disability lawsuits (87.cholteth.com) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has won an important victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner 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. According to records obtained by Monk, the Yale Law School veterans disability attorney Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He is requesting that the VA pay him back for benefits it has deprived him of and to alter its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through 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 the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have historically denied claims submitted by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honourable. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money for his past denials of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories with each application and re-application, the suit says.

The lawsuit seeks financial compensation and seeks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them need truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the most common myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, however the discharge he received was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long, winding journey.

He was denied benefits at a much higher rate than his white peers. According to the lawsuit filed in 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. The suit claims that the VA did not know about and Veterans Disability Lawsuits failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

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 important to appeal a decision as fast as you are able. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.

A competent lawyer will review the evidence used to prove your claim, and if necessary, submit additional and more convincing evidence. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your circumstances. This can be an important benefit to your appeals.

One of the most common reasons a veteran's disability claim can be denied is because the agency hasn't correctly defined their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your health condition. For instance, a medical expert might be able demonstrate that the pain you feel is related to your service-connected injury and is causing impairment. They could be able to assist you in obtaining the medical records needed to prove your claim.