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 as a cash cow. This is the reason you need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to an aircraft carrier crash which killed dozens has a huge victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He wants the agency to compensate him for benefits it has deprived him of and to amend its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black veterans disability lawsuit Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, Veterans Disability Lawsuits as per a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move equipment and troops to combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than honourable. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most painful experiences on each application for benefits.

The lawsuit seeks damages in the form of money and asks the court to order the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by family members and creditors in the case of alimony and child support.

Conley Monk, a devoted volunteer 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, but was later awarded a less than honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight for Veterans Disability lawsuits the VA to approve his claim for disability compensation was a long and winding journey.

He was denied services at a rate significantly higher than white people. 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, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. It is important to appeal a decision as swiftly as you are able. An experienced lawyer in veteran disability appeals will help you ensure that your appeal meets all requirements and ensure that it gets a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, when necessary, submit new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA and this could create a higher level of empathy for the situation. This could be a great advantage in the appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly classified their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A lawyer who is qualified will be able to work with medical specialists to provide additional evidence of your condition. For instance medical experts might be able demonstrate that the pain you suffer is due to your service-related injury and that it is disabling. They might be able assist you in getting the medical records you require to prove your claim.