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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a source of cash. This is the reason you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has won a significant victory. However, it comes with cost.

Class Action Settlement

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

Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He would like the VA to reimburse him for benefits they have denied him, and to alter their policies on race, discharge status, and denial rates.

In the past 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 submitted 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 claim for disability than white veterans disability lawsuit (new post from Artrecord) from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to 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 Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not honourable. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and also to require the VA to examine the the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve honest answers about veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that state courts are able to confiscate veterans disability law firm' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans from claims by creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and winding journey.

He was denied services at the rate of significantly more than white people. 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 discrimination was systemic and widespread. It claims that the VA knew about and failed to take action to end 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 disagrees with a decision the agency has made. If you are considering appealing a decision, it is essential to do so as soon as you can. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and when necessary, submit new and additional evidence. A lawyer also knows the difficulties of dealing with the VA, and this can increase the level of understanding for your situation. This can be an important benefit to your appeals.

A claim for disability from a veteran is often denied because the agency didn't accurately describe 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 that you deserve. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your situation. For instance, a medical expert might be able prove that the pain you feel is related to your service-connected injury and is causing disability. They may be able to assist you in getting the medical records you require to support your claim.