Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability law firm Disability Lawsuits

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. You need an attorney who is licensed to manage VA claims.

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

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans disability lawsuit by refusing their disability claims at a rate which 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 documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during 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 as well as their employment and education. He would like the VA to reimburse him for benefits they have denied him, and to modify their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black veterans disability Lawsuit were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories through each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and seeks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require honest answers about the benefits for veterans and their impact on money issues in divorce. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk, a 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 for his work, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and Veterans Disability Lawsuit failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. If you are considering appealing the decision, it is important to appeal immediately. A lawyer who is experienced in appeals for veterans disability Lawsuit disabled veterans can help you ensure that your appeal complies with all the requirements and it receives a fair hearing.

A competent lawyer will review the evidence used to support your claim, and should it be necessary, present new and additional proof. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could create a higher level of understanding for your situation. This can be a huge benefit in your appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will be able work with medical experts to provide additional proof of your condition. For example an expert in medical practice may be able to show that the pain you suffer is a result of your service-related injury and is causing disability. They may also be able assist you in getting the medical evidence you need to prove your claim.