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 licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, veterans disability Lawsuits schizophrenia and other mental ailments related to an air carrier crash that killed dozens of people has won a major victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. Monk wants the VA to reimburse him for benefits he has been deprived of and to amend its policies on 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 which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport equipment and troops to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit seeks damages in the form of money, and wants the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or 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 popular myths is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however was discharged that was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

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. If you are considering appealing an agency decision, it's crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A lawyer with experience can look over the evidence used to prove your claim, and when necessary, submit new and additional evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstances. This can be a huge benefit in your appeals process.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency hasn't correctly characterized their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to collaborate with medical experts to provide additional proof of your situation. For instance an expert in medicine might be able demonstrate that the pain you experience is related to your service-connected injury and is causing you to be disabled. They may be able to assist you in getting the medical records you require to prove your claim.