veterans disability lawsuits (a cool way to improve) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies 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. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. He demands that the agency reimburse him for benefits that it has taken him out of and to alter its policies on race discharge status, 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 through Freedom of Information Act requests which they submitted 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 receive an application for disability 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 Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans disability attorney. The lawsuit is brought 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 cites evidence that suggests that VA officials have repeatedly denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not honourable. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. He also suffered emotional trauma from reliving some of his most traumatic memories with each application and re-application, the suit says.

The lawsuit seeks monetary damages and seeks to have the court orally order the VA to review systems-wide PTSD bias. It is the latest move by groups like 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 victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors, except for alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his service, however he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding route.

He was denied benefits at a much higher rate than white counterparts. 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 racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you are able. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal meets all requirements and you are given a fair hearing.

A licensed lawyer is able to examine the evidence used to prove your claim and then submit new and additional evidence when needed. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstances. This could be a valuable advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will be able to work with medical professionals to provide additional evidence of your situation. For instance medical experts could be able to prove that the pain you experience is related to your service-connected injury and that it is causing disability. They may also be able help you obtain the medical records that are required to support your claim.