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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier collision has won an important victory. However, it comes at cost.

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, as per the 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 more frequent rate than white veterans disability compensation over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He wants the VA to pay him back the benefits it has not provided him and to amend their policies on 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 via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone 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 veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday the veterans disability lawsuit Affairs Department denies disability benefits to Black veterans disability claim. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not an honorable. This "bad paper" kept him from obtaining home loans, tuition assistance and Veterans Disability Lawsuit other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and veterans disability lawsuit in 2020. However, he asserts that the VA still is owed money for his past denials of disability compensation. The suit also claims that he suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and also asks the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them need honest answers about the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but then his discharge was less than honorable due to the fact that he was battling two times due to undiagnosed 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 benefits at a more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawsuit Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans disability lawyer. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted a fair hearing.

A lawyer with experience can look over the evidence to support your claim and, should it be necessary, present additional and more convincing evidence. A lawyer will also know the challenges involved in dealing with the VA and this could lead to a greater level of empathy for your situation. This can be an important advantage in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency hasn't correctly characterized their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your situation. For instance medical experts might be able demonstrate that the pain you are experiencing is a result of your service-related injury and that it is causing disability. They might assist you get the medical records required to support your claim.