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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans 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 on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the 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 by VA has caused him, and Veterans Disability Lawsuits others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. Monk wants the VA to reimburse him for benefits it has deprived him of and to amend its policies on race discharge status, discharge status, and denial rates.

Last 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 submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for the denials he received in the past of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with each and Veterans Disability lawsuits every application for benefits.

The lawsuit seeks monetary damages and also to orally order the VA to review 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 victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them need truthful information about the benefits for veterans disability law firms and their effect on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by creditors and family members with the exception of alimony and child support.

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 work, but he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to convince 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 widespread, as per the lawsuit brought 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 was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with to a decision of the agency. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as you can. A lawyer with experience in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A competent lawyer will review the evidence to support your claim and, when necessary, submit new and additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your situation. This could be a great advantage during your appeals procedure.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly characterized their condition. An experienced attorney can make sure that your condition is properly classified and rated, allowing you to claim the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional proof of your condition. For example an expert in medicine might be able prove that the pain you experience is a result of your service-related injury and that it is causing you to be disabled. They may assist you obtain the medical records that are needed to support your claim.