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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a cash cow. This is why you need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash which killed dozens has been awarded a significant victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He demands that the agency compensate him for benefits that it has taken him out of and to amend its policies on race, discharge status and denial rates.

Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

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

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" prevented him from getting home loans, tuition aid and 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 owes money for past denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatic memories with each application and re-application for benefits the suit says.

The lawsuit is seeking monetary damages and asks the court to require the VA to review the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or Veterans Disability Case were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. It is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans disability claim' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and winding road.

He was denied benefits at a much greater rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according to 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. It claims that the VA knew about and failed to address decades of discrimination against Black veterans disability case (http://investcastle.com). It seeks to redress Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence, in the event of need. A lawyer who is familiar with the challenges of the VA will be more understanding of your circumstance. This could be a valuable benefit in your appeals process.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency has not correctly defined their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your medical condition. A medical professional is one example. They may be able to prove that your pain is caused by your service-related injury and is in a way limiting. They may be able to assist you in obtaining the medical records needed to prove your claim.