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

Attorneys who exploit veterans with disabilities to make money often rely on their benefits. This is why you need a attorney who is accredited 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 a substantial price tag.

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 that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a former psychiatrist, says that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back the benefits it has denied him, and to alter their policies on race and discharge status as well as denial rates.

In the past 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 the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, Veterans Disability Lawsuits and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatic memories through each application and re-application to receive benefits, the suit states.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt 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

The veterans who have served our country in uniform or those who accompany them deserve truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors with the exception of child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, however was discharged that was less than honorable because he was battling two times because of a post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks to redress Monk and other veterans disability lawyer like Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is essential to appeal a decision as fast as you are able. An experienced lawyer in appeals for Veterans disability lawsuits veterans disability will help you ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A qualified lawyer can examine the evidence used to support your claim and submit additional evidence when needed. A lawyer also knows the challenges of dealing with the VA and can increase the level of empathy for your situation. This can be a significant advantage in your appeals.

One of the main reasons that a veteran's claim for disability is rejected is because the agency has not properly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your situation. A medical professional is one example. They may be able prove that your pain is a result of your service-related injury and that it is debilitating. They might also be able to assist you get the medical records required to support your claim.