veterans disability lawsuits (Going In this article) - 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 to make a profit. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has a huge victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He is requesting that the VA repay him for the benefits he was deprived of and to alter its policies on race discharge status, discharge status and denial rates.

Last 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 revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

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

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most painful experiences on each application for benefits.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to look into the systemic PTSD bias. 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 sexual assault survivors.

Alimony Discrimination

Those who served in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members in the case of child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than his white peers. The discrimination was racial and pervasive, according the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. 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 who are like him.

Appeals

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 are considering appealing a decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A licensed lawyer can examine the evidence used to prove your claim, and when necessary, submit additional and more convincing evidence. A lawyer also knows the challenges involved in dealing with the VA, and this can result in a greater degree of understanding for your situation. This can be a huge benefit in your appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't correctly characterized their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. An experienced attorney will be able to work with medical experts to provide additional proof of your health condition. A medical expert could, for instance, be able show that the pain you are experiencing is due to your service-related injury and that it is disabled. They may also be able help you obtain the medical records that are required to support your claim.