Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans Disability lawsuits [migration-Bt4.co.uk]

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a cash cow. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier collision which killed dozens has been awarded a significant victory. However, it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans disability law firm to suffer in ways that have affected their health, homes, employment and education. Monk wants the VA to pay him back the benefits they have denied him and to amend their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday, the veterans disability law firm Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the 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 eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories in each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as 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 were a part of them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable because he was battling two times because of a post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. 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, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and did not deal with decades-long 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 claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing an agency decision, it's important that you do so in the earliest time possible. An experienced lawyer in appeals for veterans disability can help you ensure that your appeal meets all requirements and ensure that it receives a fair hearing.

A qualified lawyer is able to examine the evidence that was used to justify your claim and present additional evidence and documentation if necessary. A lawyer who knows the VA's challenges can be more sympathetic to your circumstance. This can be an invaluable asset in your appeals process.

One of the main reasons a veteran's disability claim is denied is due to the agency has not correctly classified their condition. A skilled attorney will ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A reputable lawyer will also be able of working with medical specialists to provide additional evidence of your condition. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is disabled. They may also be able assist you in getting the medical records required to prove your claim.