Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (read this blog post from Lolipop)

Attorneys who exploit disabled veterans to make money often rely on their benefits. You need an attorney that is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier collision has won a major victory. But it comes with the cost of.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, 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 over the past three decades.

Monk, a former psychiatrist, says that discrimination by VA has led him, and others of black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for the benefits it has not provided him, and to modify their policies on 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 last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport equipment and troops to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

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

Alimony Discrimination

The veterans who were 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 financial issues. One of the most common myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later issued a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to approve his claim for disability compensation was a long and winding journey.

He was denied benefits at the rate of significantly more than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as quickly as you are able. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is in line with all requirements and you are given a fair hearing.

A qualified lawyer can examine the evidence used to justify your claim and present additional evidence when needed. The lawyer will also be aware of the difficulties involved in dealing with the VA and could result in a greater degree of empathy for the situation. This can be an invaluable advantage during your appeals procedure.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly classified their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to get the benefits you require. A lawyer who is qualified will be able to consult with medical specialists to provide additional evidence of your medical condition. A medical professional could, for instance, be able show that your pain is a result of your service-related injury and that it is in a way limiting. They might be able assist you in obtaining the medical records needed to support your claim.