Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (www.Ndaway.Com)

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

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

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying 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. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. Monk wants the VA to compensate him for benefits he has been deprived of and to alter its policies regarding race as well as discharge status and 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 submitted 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 to 2020. The average denial rate for veterans disability lawyer of color was 6.3% higher than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims made by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes 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 in 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial compensation and seeks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims made by family members and creditors in the case of alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and Veterans disability lawsuits troops out of combat zones. He was awarded several medals, however the discharge he received was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and arduous path.

He was denied access at a rate significantly higher than his white peers. The discrimination was racial and widespread, as per 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. It claims that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other 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're considering appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.

A qualified lawyer can examine the evidence that was used to support your claim and submit additional evidence and documentation should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This can be a huge advantage during your appeals procedure.

One of the main reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly classified their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. An experienced attorney will be able to work with medical professionals to provide additional proof of your situation. For example, a medical expert might be able demonstrate that the pain you experience is a result of your service-related injury and that it is disabling. They may also be able to help you obtain the medical records needed to support your claim.