veterans disability lawsuits (go to Ivimall) - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won a major victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets, to suffer in a way that has affected their health, home life and employment as well as education. He is requesting that the VA compensate him for benefits he was deprived of, and to modify its policies regarding 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 by way of Freedom of Information Act requests, which they filed on behalf of the National veterans disability attorney Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a volunteer 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 a discharge that was not honourable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional damage from having to relive the most traumatic memories through each application and re-application for benefits the suit states.

The lawsuit seeks financial compensation and asks the court to order the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need truthful information about the benefits for veterans and their impact on money issues in divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the 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, but then he received a discharge that was not a prestigious one because he had two fights caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied at the rate of significantly more than his white peers. 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 and failed to combat decades of discrimination against 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 a claimant disagrees an opinion of the agency. If you're considering appealing an agency decision, it's important to appeal immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.

A qualified lawyer is able to examine the evidence used to prove your claim and then submit new and additional evidence should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your circumstances. This can be an invaluable benefit in your appeals process.

One of the primary reasons a veteran's disability claim is denied is due to the agency has not properly defined their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your situation. For instance medical experts might be able prove that the pain you suffer is due to your service-related injury and that it is causing impairment. They may assist you get the medical records needed to support your claim.