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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. You should hire an attorney who is certified to manage VA claims.

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

Class Action Settlement

The Department of oswego veterans disability lawyer Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination by VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to pay him back the benefits it has denied him, and to alter their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport equipment and troops to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to rescind the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. He also suffered significant emotional harm from reliving the most traumatic memories with each application and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and wants the court require the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who are their companions deserve honest answers regarding the veterans 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 in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, however was discharged that was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on his behalf 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 did not take action to address decades of discrimination against Black Lynden veterans disability Attorney. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of novato veterans disability lawyer Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as fast as you are able. An experienced lawyer in appeals to veterans' disability cases will help you ensure that your appeal meets all the requirements and that it receives a fair hearing.

A lawyer with experience can look over the evidence to support your claim, and if necessary, submit additional and more convincing evidence. A lawyer will also know the difficulties of dealing with the VA, and this can result in a greater degree of empathy for the situation. This can be an invaluable advantage in the appeals process.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly classified their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will also be able of working with medical experts to provide additional proof of your condition. For instance an expert in medical practice might be able prove that the pain you are experiencing is a result of your service-related injury and that it is disabling. They might be able assist you in getting the medical evidence you need to support your claim.