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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. You should hire an attorney who is certified to deal with VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday that 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, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as others of black veterans disability law firms, to suffer in a manner that has affected their health, home life as well as their employment and education. He demands that the agency repay him for the benefits it has deprived him of and to change its policies on race discharge status, discharge status, and denial rates.

Last year, Monk and the veterans disability attorney Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made 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 a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and shorl.com troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to his past denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit seeks monetary damages and seeks the court to require the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them deserve truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment against claims from creditors and family members in the case of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. It is crucial to appeal a decision as soon as you are able. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal meets all the requirements and it receives a fair hearing.

A lawyer who is qualified will be able to review the evidence used to support your claim and submit additional evidence in the event of need. The lawyer will also understand the difficulties involved in dealing with the VA and this could increase the level of understanding for your situation. This can be an important asset in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your condition. For example, a medical expert could be able to prove that the pain you are experiencing is a result of your service-related injury and is causing disability. They may assist you obtain the medical records required to prove your claim.