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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has won a major victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, 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, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes work, education and employment. He is requesting that the VA compensate him for benefits he was deprived of, and to modify its policies regarding race as well as 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 via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the claim for disability than white milpitas veterans disability law firm from 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honorable. This "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. He also suffered significant emotional harm from reliving the most traumatic memories through each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and seeks to have the court require the VA to examine the the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve honest answers regarding the helena west helena Veterans disability attorney disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but his discharge was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and winding route.

He was denied services at an amount that was 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 racial discrimination was systemic and widespread. The lawsuit claims that the VA knew about and failed to deal with 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 a claimant disagrees a decision made by the agency. If you're considering appealing a decision, it is essential to do so as soon as possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an impartial hearing.

A qualified lawyer can review the evidence used to support your claim, and if needed, provide additional and more convincing evidence. A lawyer who is familiar with the VA's issues can be more sympathetic to your situation. This can be an important benefit in your appeals.

One of the primary reasons a veteran's disability claim is rejected is because the agency has not properly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical experts to provide additional proof of your health condition. A medical professional is one example. They may be able to prove that your pain is a result of your service-related injury and that it is in a way limiting. They might also be able help you get the medical records that are required to prove your claim.