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

Veterans with disabilities are often taken advantage of by lawyers who use 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 as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier collision which killed dozens has won a significant victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying 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. He alleges that VA has denied his disability claims at a much higher rate than those of 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, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He demands that the agency compensate him for benefits he has been deprived of and to amend its policies on race discharge status, 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 submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black veterans disability lawyers were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to revers the discharge and 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 was emotionally damaged by the repetition of his most painful experiences on every application for benefits.

The lawsuit seeks monetary damages, and wants the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims by creditors and family members with the exception of child support and alimony.

Conley Monk, Veterans Disability Lawsuits who was 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 was awarded numerous medals for his service, however he was later awarded a less than honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. 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 asserts that the VA was aware of and failed to combat decades of discrimination against 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 is not satisfied with a decision that the agency has made. If you're thinking of appealing an appeal, it's important to appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A licensed lawyer is able to examine the evidence used to support your claim and submit additional evidence and documentation in the event of need. The lawyer will also be aware of the difficulties of dealing with the VA and could lead to a greater level of understanding for your situation. This could be a valuable advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified attorney will also be able work with medical experts to provide additional evidence of your situation. A medical professional is one example. They may be able to prove that your pain is caused by your service-related injury and is in a way limiting. They might also be able to help you get the medical records that are required to prove your claim.