Write About Everything

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to an air carrier crash that killed a number of people has won a significant victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white lancaster veterans disability lawyer during the last three decades.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA compensate him for benefits that it has taken him out of and to change its policies on race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. The “bad paper” hindered him from receiving mortgages, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still owes him money for his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial damages and also asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who are their companions deserve truthful information about the benefits for veterans and their effect on money issues in divorce. One of the most commonly held misconceptions is that the state courts can confiscate veterans’ VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans’ compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied benefits at a higher rate than white counterparts. This discrimination against Blacks was systematic 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. The lawsuit claims that the VA was aware of and failed to address decades-long discrimination against Black longwood veterans disability Attorney. It seeks to redress Monk and other veterans similar to him.

Appeals

The VA’s Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is essential to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A lawyer with experience can look over the evidence to support your claim, and if necessary, submit new and additional proof. A lawyer who knows the VA’s issues can be more sympathetic to your situation. This can be an invaluable asset in your appeals process.

A veteran’s claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled attorney can make sure that your condition is properly categorized and rated, allowing you to get the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. A medical professional for instance, might be able to demonstrate that your pain is due to your service-related injury and is disabled. They might also be able to help you get the medical records needed to support your claim.