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

Attorneys who exploit disabled veterans to earn money frequently use their benefits. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, Veterans disability lawsuits schizophrenia and other mental illnesses related to an aircraft carrier crash which killed dozens has won a significant victory. However, it comes with the cost of.

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, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during 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 the VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans disability attorney to suffer in ways that have affected their health, homes work, education and employment. He is requesting that the VA pay him back for benefits he has been deprived of and to alter its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of 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. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered emotional harm as he relived some of his most traumatizing memories in each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and also to order the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied 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 commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment against claims from creditors and family members, except for child support and alimony.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long, winding road.

He was denied access at an amount that was significantly higher than white people. The discrimination was racial and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with a decision made by the agency. If you are considering appealing the decision, it is essential to do so as soon as possible. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an appropriate hearing.

A licensed lawyer will be able to review the evidence used to prove your claim and then submit additional evidence and documentation in the event of need. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstance. This could be a great advantage in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is classified and rated appropriately, giving you the benefits you deserve. A professional attorney will also be able work with medical experts to provide additional evidence of your medical condition. For instance, a medical expert might be able demonstrate that the pain you experience is related to your service-connected injury and is causing impairment. They might also be able to help you obtain the medical records that are required to prove your claim.