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

Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. This is why you require an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a deadly air carrier collision has won a major victory. But it comes with a huge price tag.

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 much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination by VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives as well as their employment and education. He is requesting that the VA pay him back the benefits it has not provided him, and to modify their policies on race, 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 which they filed 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 receive the right to claim disability benefits than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional damage from having to relive some of his most traumatic memories each time he applied and re-application to receive benefits, the suit claims.

The lawsuit seeks monetary damages and also to require the VA to review the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer for veterans disability lawsuits his country, Veterans disability lawsuits spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and winding road.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability law firms Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to address 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 when an applicant disagrees with to a decision of the agency. It is crucial to appeal a decision as fast as you are able. An experienced lawyer in appeals for veterans disability can help ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A qualified lawyer can review the evidence used to support your claim and, when necessary, submit new and additional proof. The lawyer will also be aware of the challenges of dealing with the VA, and this can create a higher level of empathy for your situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A skilled attorney can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert is one example. They may be able to demonstrate that the pain you are experiencing is due to the injury you sustained while working and is debilitating. They might be able assist you in getting the medical records required to prove your claim.