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 profits often make use of their benefits. You need an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to a crash of an aircraft carrier which killed dozens has won a significant victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. 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 more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the VA to compensate him for the benefits it has denied him and to amend their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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 as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. The average denial rate for black veterans 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 vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than an honorable. The "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to examine the the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need truthful information about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation from claims made by creditors and Veterans disability Lawsuits family members in the case of child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long, winding route.

He was denied benefits at a much higher rate than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the veterans disability attorneys Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

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. If you're thinking of appealing an agency decision, it's important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A competent lawyer will review the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer who understands the VA's challenges can be more understanding of your circumstances. This could be a great benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional evidence of your health condition. A medical professional for instance, might be able to demonstrate that your pain is a result of your service-related injury and that it is debilitating. They may assist you obtain the medical records required to prove your claim.