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

Attorneys who exploit disabled veterans to earn money frequently use their benefits. This is why you should hire an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier collision which killed dozens has won a major victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the 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 much more frequent rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He wants the VA to reimburse him for benefits it has not provided him and to change 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 information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims made by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honourable. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. He also suffered emotional harm from reliving the most traumatic memories each time he applied and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and asks the court to order the VA to examine the systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them need truthful answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect the brown deer veterans disability lawyer' compensation from claims made by family members and creditors including alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but later his discharge was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for Vimeo.com disability compensation was a long, winding journey.

He was denied at an rate that was much higher 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 asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.

A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation if necessary. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be a huge advantage during your appeals procedure.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will be able to work with medical professionals to provide additional proof of your situation. A medical expert for instance, might be able to prove that your pain is a result of your service-related injury, and is debilitating. They may also be able assist you in getting the medical evidence you need to prove your claim.