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

veterans disability lawsuit with disabilities are often victimized by lawyers who use their benefits as a cash cow. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is significantly higher than white veterans. 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 much greater rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He wants the VA to compensate him for the benefits that it has denied him, and to alter their policies regarding race, 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 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 receive an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims made by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than honourable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation, and wants the court to direct the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as 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 disability attorney (Visit Webpage) who have served our nation in uniform and those who accompany them need truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans disability law firms' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge when he got into two fights caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long, winding journey.

He was denied benefits at a much greater rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you are considering appealing an agency decision, it's important to appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all the requirements and that it is heard in a fair manner.

A competent lawyer will review the evidence used to support your claim, and if needed, provide additional evidence. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This can be a significant advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A qualified lawyer will also be able of working with medical experts to provide additional proof of your condition. A medical expert is one example. They may be able to demonstrate that your pain is due to your service-related injury and is disabling. They may also be able help you obtain the medical records that are required to prove your claim.