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

Attorneys who exploit disabled veterans to make money often rely on their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal air carrier collision has won a major victory. But it comes at the cost of.

Class Action Settlement

According to a lawsuit filed on Monday 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 is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for benefits they have denied him, and to alter their policies regarding race and discharge status as well as denial rates.

Monk and the veterans disability lawyers Legal Services Clinic received 20 years of VA disability claim data 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. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still owes him money due to his past denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most painful experiences on each application for benefits.

The lawsuit is seeking monetary damages and asks the court to orally order the VA to review systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from creditors and family members in the case of child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, however his discharge was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a much more frequent rate than his white counterparts. 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, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an impartial hearing.

A qualified lawyer can review the evidence to support your claim, and if needed, provide additional evidence. A lawyer who understands the VA's issues can be more understanding of your situation. This can be a significant asset in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is denied is because the agency has not correctly characterized their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A qualified lawyer will also be able of working with medical professionals to provide additional evidence of your medical condition. A medical expert, for example, may be able to demonstrate that your pain is caused by the injury you sustained while working and veterans disability lawsuits is debilitating. They may also be able help you get the medical records required to prove your claim.