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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier crash that killed a number of people has won a significant victory. But it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black newark veterans disability attorney by refusing disability compensation claims at a 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. Monk claims that VA has denied his disability claims at a 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 retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. Monk wants the VA to repay him for the benefits it has deprived him of and to alter its policies on race discharge status, 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 via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and [Redirect-Java] the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday that the cape girardeau veterans disability Lawyer Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines that 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 sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. But, [Redirect-302] he claims that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages, and wants the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law found 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 decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but was discharged that was less than honorable because he was battling two times because of a post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied at an amount that was significantly higher than his white peers. This racial discrimination was systemic 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 failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. If you're thinking of appealing the decision, it is essential to do so in the earliest time possible. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal is compliant with all the requirements and it is heard in a fair manner.

A lawyer with experience can look over the evidence to support your claim and, if necessary, submit new and additional proof. The lawyer will also understand the difficulties of dealing with the VA and could result in a greater degree of empathy for your situation. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your situation. For instance, a medical expert might be able prove that the pain you are experiencing is a result of your service-connected injury and is causing impairment. They may also be able assist you in obtaining the medical records needed to prove your claim.