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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier crash which killed dozens has a huge victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, employment and home. He wants the agency to reimburse him for benefits it has deprived him of and to alter its policies regarding race discharge status, 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 results showed that Black veterans disability lawyer were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk decided to join 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 eventually involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honourable. The "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and also asks the court to order the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest myths is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered for his country, logged 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 he was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. 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 alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and if needed, provide additional and more convincing evidence. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstance. This could be a great advantage in your appeals.

A veteran's claim for veterans disability Lawsuits disability is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified attorney will be able work with medical experts to provide additional evidence of your condition. For example an expert in medicine might be able prove that the pain you experience is a result of your service-connected injury and is causing you to be disabled. They may also be able to help you obtain the medical records that are required to prove your claim.