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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. 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, he claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes or work and education. Monk wants the VA to pay him back the benefits they have denied him and Vimeo.Com to amend their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" kept him from receiving loans for homes 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. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like 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

Those who served in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied access at an rate that was much higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you are able. A lawyer with experience in appeals for roselle veterans disability law firm disability can help ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A qualified lawyer can review the evidence used to prove your claim and, when necessary, submit new and additional proof. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your situation. This can be a huge advantage in the appeals process.

One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't correctly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will be able work with medical professionals to provide additional proof of your medical condition. A medical professional, for example, may be able to demonstrate that your pain is caused by the injury you sustained while working and is in a way limiting. They might be able assist you in getting the medical records required to support your claim.