공지사항

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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents 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 greater rate than white veterans over the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black vets to suffer in a manner that has affected their health, their home lives work, education, and employment. He would like the VA to reimburse him for the benefits they have denied him and to amend 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 data through Freedom of Information Act requests that they made 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 be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for Veterans Disability Lawsuits veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have rejected claims submitted by Black veterans in adisproportionate 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 troops and equipment to combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatic memories each time he applied and re-application, the suit says.

The lawsuit seeks monetary damages and asks the court to decide to require the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common myths is that veterans disability attorneys can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied services at the rate of significantly more than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought 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 was aware of and failed to combat decades of discrimination against Black Veterans. It seeks redress for Monk and other veterans like him.

Appeal

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. If you are considering appealing a decision, it is important to appeal as soon as you can. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A competent lawyer will review the evidence used to prove your claim, and when necessary, submit new and additional proof. A lawyer who knows the VA's challenges can be more understanding of your situation. This could be a great asset in your appeals.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able work with medical professionals to provide additional evidence of your medical condition. A medical expert, for example, may be able to prove that your pain is due to your service-related injury, and is disabling. They might assist you get the medical records needed to support your claim.