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

Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is why you should hire an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier crash that killed dozens of people has won a major victory. However, it comes at a price.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is significantly 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 and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives work, education, and employment. He would like the VA to compensate him for the benefits it has denied him, and to alter their policies on race and discharge status as well as denial rates.

In the past year, Monk and the riverview veterans disability lawsuit 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 results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for Lawsuits white shiloh veterans disability attorney.

Discrimination basing it on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups such as 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 sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most common misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by creditors and family members in the case of child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied at a rate significantly higher than white people. 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, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A qualified lawyer can review the evidence used to support your claim, and if needed, provide new and additional evidence. A lawyer also knows the challenges involved in dealing with the VA and can lead to a greater level of understanding for your situation. This can be a huge advantage during your appeals procedure.

One of the most common reasons that a veteran's claim for disability is rejected is because the agency has not properly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A lawyer who is qualified will be able to collaborate with medical experts to provide additional evidence of your situation. For example an expert in medical practice might be able demonstrate that the pain you are experiencing is a result of your service-related injury and that it is causing impairment. They might also be able help you get the medical records that are required to prove your claim.