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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and veterans disability lawsuits other mental health conditions linked to a fatal aircraft carrier crash has clinched a major victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. He is requesting that the VA compensate him for the benefits it has denied him, and to modify their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. He was eventually involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not honorable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and seeks to have the court decide to require the VA to look into systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them require truthful answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments against claims from creditors and family members in the case of child support and alimony.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his service, but he was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability law firms Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you can. A lawyer with experience in appeals to veterans' disability cases will help you ensure that your appeal is compliant with all the requirements and you are given a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present additional evidence, should it be required. A lawyer who knows the VA's issues can be more understanding of your circumstances. This could be a great benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A skilled attorney will ensure that your condition is properly classified and rated, which will allow you to get the benefits you require. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your situation. A medical expert for instance, might be able prove that your pain is due to your service-related injury, and is debilitating. They may also be able assist you in obtaining the medical records needed to support your claim.