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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal air carrier collision has won a major victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and hu.velo.wiki other black veterans to suffer in ways that have impacted their health, home, employment and education. He wants the agency to compensate him for benefits that it has taken him out of, and to modify its policies regarding race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The 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% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted 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, and was a part of the team that moved troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial compensation and asks the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them need truthful answers regarding the benefits for veterans and their effect on money issues lake in the hills veterans disability lawyer divorce. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, however he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied services at an rate that was much higher than white people. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar citrus heights veterans disability law firm.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as fast as you are able. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal complies with all the requirements and that it receives a fair hearing.

A qualified lawyer can review the evidence that was used to prove your claim and then submit additional evidence if necessary. A lawyer will also know the difficulties involved in dealing with the VA and could increase the level of empathy for your situation. This could be a valuable advantage in the appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly classified their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. A lawyer who is qualified will be able to work with medical experts 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 due to your service-related injury and that it is causing impairment. They may be able to assist you in getting the medical evidence you need to prove your claim.