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

Attorneys who profit from veterans disability lawyer with disabilities to make money frequently use their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to a crash of an aircraft carrier that claimed the lives of dozens has been awarded a significant victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to repay him for the benefits it has deprived him of, and to modify its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than honourable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered significant emotional trauma from reliving the most traumatic memories in each application and re-application to receive benefits, the suit states.

The lawsuit seeks damages in the form of money and asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because he had two fights because of a post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and winding journey.

He was denied benefits at a greater rate than his white peers. 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 did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing an appeal, it's essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer will also know the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for the situation. This could be a great benefit in your appeals process.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency has not correctly classified their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A reputable lawyer will also be able to work with medical professionals to provide additional evidence of your medical condition. For example an expert in medicine may be able to show that the pain you feel is a result of your service-related injury and that it is causing you to be disabled. They might assist you obtain the medical records required to support your claim.