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

Attorneys who exploit veterans disability attorneys with disabilities to make profits often make use of their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of veterans disability lawsuit (Shinhwaspodium says) Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the agency to reimburse him for benefits it has deprived him of and to change its policies regarding race, 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 Council for Legal Redress and the Black Veterans Project. The data showed 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 black veterans was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. 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 indicating that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk decided to join 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 battle zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was not honourable. This "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered emotional trauma from reliving some of his most painful memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial damages and also asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

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

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He received several medals for his service, but was later acquitted of a less honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long, winding path.

He was denied benefits at a much more frequent 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 did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an impartial hearing.

A competent lawyer will review the evidence used to support your claim, and when necessary, submit new and additional evidence. A lawyer will also know the difficulties of dealing with the VA, and this can create a higher level of empathy for your circumstance. This can be a significant advantage in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly defined their condition. A qualified attorney can make sure that your condition is correctly classified and rated, allowing you to get the benefits you require. A professional attorney will also be able to work with medical professionals to provide additional evidence of your situation. A medical professional for instance, might be able to demonstrate that your pain is due to your service-related injury, and is disabled. They may also be able assist you in getting the medical records you require to support your claim.