Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability attorney disability lawsuits; click through the following website page,

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency repay him for the benefits he has been deprived of, and to modify 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 information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

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

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. 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 both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm from reliving some of his most painful memories in each application and re-application for benefits the suit states.

The lawsuit seeks monetary damages and seeks to have the court order the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who are their companions deserve honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by creditors and family members including child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The fight for the VA to grant his claim for disability compensation was a long and arduous route.

He was denied services at an amount that was significantly higher 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 racial bias was systemic and widespread. The lawsuit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

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. If you're thinking of appealing the decision, it is important to appeal as soon as possible. An experienced lawyer in veteran disability appeals can help ensure that your appeal meets all the requirements and you are given a fair hearing.

A licensed lawyer can review the evidence used to back your claim and provide additional evidence, if necessary. A lawyer also knows the difficulties involved in dealing with the VA and could create a higher level of empathy for the situation. This can be a valuable asset in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able to collaborate with medical specialists to provide additional evidence of your health condition. For example an expert in medicine could be able to prove that the pain you are experiencing is a result of your service-related injury and that it is causing disability. They might also be able to help you get the medical records required to prove your claim.