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

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash that killed dozens of people has been awarded a significant victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies 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 as well as the Yale Law School taneytown veterans disability law firm Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He wants the agency to compensate him for benefits it has deprived him of and to amend its policies regarding 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black bedford heights veterans disability lawyer were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

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 as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously denied claims made by Black Veterans in a disproportionate manner.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional trauma from reliving the most traumatic memories through each application and re-application, the suit states.

The lawsuit is seeking monetary damages and asks the court to decide to require the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments against claims from family members and creditors with the exception of child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later the discharge he received was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. The discrimination was racial and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. If you're considering appealing an appeal, it's important to appeal as soon as you can. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal complies with all requirements and you are given a fair hearing.

A lawyer who is qualified can examine the evidence that was used to back your claim and provide additional evidence and documentation in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstances. This can be a huge advantage in the appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency has not properly defined their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to receive the benefits you need. A qualified attorney will also be able to collaborate with medical experts to provide additional evidence of your condition. A medical expert for instance, might be able show that your pain is caused by your service-related injury, and is debilitating. They may also be able help you get the medical records required to prove your claim.