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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has won a major victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black coshocton veterans disability lawyer by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He is requesting that the VA reimburse him for benefits it has not provided him and to change their policies on race, discharge status, and denial rates.

Last 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 filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatizing memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks damages in the form of money, and wants the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt 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

Anyone who was in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his work, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long, winding route.

He was denied benefits at an rate that was much higher 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 Legal Services Clinic, raymore veterans disability law firm this discrimination against blacks was systematic and widespread. It alleges that the VA did not know about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're considering appealing the decision, it is important that you do so in the earliest time possible. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal complies with all the requirements and you are given a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to back your claim and provide additional evidence if necessary. A lawyer who is knowledgeable about the VA's issues can be more understanding of your situation. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. An experienced attorney will be able work with medical professionals to provide additional evidence of your situation. A medical professional for instance, might be able show that your pain is a result of your service-related injury, and is in a way limiting. They might also be able help you obtain the medical records that are needed to support your claim.