veterans disability lawsuits (plurismillesimes.com) - 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 source of cash. 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 collision has won an important victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing 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. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to reimburse him for the benefits that it has denied him and to change their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans 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 percent higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and Veterans disability lawsuits assisted in moving troops and equipment into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

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

The lawsuit seeks monetary damages and also asks the court to require the VA to review its systemic PTSD discrimination. It is the latest move 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 in the military, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans disability lawsuit' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer 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, but later the discharge he received was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA knew about and did not take action to address 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 claimant disagrees with a decision the agency has made. If you're considering appealing an appeal, it's important that you do so immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an impartial hearing.

A lawyer who is qualified is able to examine the evidence that was used to back your claim and provide new and additional evidence in the event of need. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstance. This can be a huge advantage in the appeals process.

One of the primary reasons a veteran's disability claim is rejected is because the agency has not correctly described their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified lawyer will be able to consult with medical experts to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you suffer is a result of your service-related injury and that it is disabling. They may also be able assist you in getting the medical evidence you need to prove your claim.