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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has won an important victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. 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 higher rate than those of white veterans over the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. He demands that the agency pay him back for benefits he was deprived of and to change its policies on race discharge status, discharge status, and denial rates.

In the past 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. This data showed that Black kosciusko veterans disability law firm were statistically less likely to be granted the right to claim disability benefits than white laguna hills veterans disability attorney; https://Vimeo.com/709650246, between 2001 to 2020. Additionally the average denial rate was 6.3 percent 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 was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have denied claims made by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to battle zones. He ended up in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most painful memories through each application and re-application, the suit claims.

The lawsuit seeks monetary damages and wants the court orally order the VA to look into systemic PTSD bias. The lawsuit is the latest effort 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

People who have served their nation in uniform, or who accompany them deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but the discharge he received was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at a much more frequent rate than his white counterparts. According to the lawsuit filed in 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 claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. It is essential to appeal a decision as quickly as you are able. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and you are given a fair hearing.

A qualified lawyer can examine the evidence used to back your claim and provide new and additional evidence in the event of need. The lawyer will also understand the difficulties of dealing with the VA, and this can lead to a greater level of empathy for the situation. This could be a great benefit in your appeals process.

One of the most common reasons that a veteran's claim for disability is denied is because the agency has not properly classified their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A reputable lawyer will also be able to collaborate with medical specialists to provide additional proof of your situation. For instance, a medical expert could be able to prove that the pain you suffer is due to your service-related injury and that it is causing disability. They may also be able to assist you obtain the medical records that are required to support your claim.