Write About Everything

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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier collision has won an important victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is significantly higher than white veterans. 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 much more frequent rate than white veterans over the past three decades, according to documents 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, home as well as their education, employment and home. Monk wants the VA to compensate him for the benefits that it has denied him and to change their policies regarding race, discharge status, vimeo.Com and denial rates.

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

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting 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 a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This “bad paper” kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and wants the court require the VA to examine its systems-wide PTSD bias. 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 victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve honest answers about the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by creditors and family members including child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied access at the rate of significantly more than white people. According to the lawsuit filed on his behalf by the National woodbury veterans disability lawyer Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. If you are considering appealing an appeal, it’s essential to do so as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an impartial hearing.

A licensed lawyer will be able to review the evidence that was used to justify your claim and present additional evidence, if necessary. A lawyer who understands the VA’s issues can be more sympathetic to your circumstances. This can be a significant asset in your appeals.

A veteran’s claim for disability is often denied because the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional proof of your health condition. For example an expert in medical practice might be able prove that the pain you feel is a result of your service-connected injury and is causing disability. They may be able to assist you in getting the medical records required to support your claim.