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

Attorneys who profit from disabled veterans to make money often use their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to a crash of an aircraft carrier that killed a number of people has a huge victory. However, Veterans Disability it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as 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 over the past three decades.

Monk, who is an 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, employment and education. He demands that the agency reimburse him for benefits that it has taken him out of and to change 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 data last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to battle zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits the suit claims.

The lawsuit seeks financial compensation, and wants the court to require the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like 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

The veterans who have served our nation in uniform and those who are their companions deserve honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors other than alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but then was discharged that was not a prestigious one because he was battling two times due to undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and difficult road.

He was denied benefits at a higher rate than white peers. This discrimination against Blacks was systematic and Veterans Disability pervasive, according to the lawsuit brought on his behalf 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 take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

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

A qualified lawyer can review the evidence that was used to prove your claim and then submit new and additional evidence when needed. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstance. This could be a valuable advantage during your appeals procedure.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency hasn't properly defined their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional proof of your medical condition. A medical expert for instance, might be able prove that your pain is caused by the injury you sustained while working and is disabled. They could be able to assist you in getting the medical evidence you need to prove your claim.