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

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. This is why you require an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier crash has clinched an important victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a former psychiatric nursing, claims that discrimination from VA has caused him, and other black vets, to suffer in a manner that has affected their health, their home lives work, education, and employment. He would like the VA to compensate him for the benefits it has not provided him, and to alter their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

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

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved troops and equipment into combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he was awarded a discharge that was not an honorable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits in 2015 and 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and also to orally order the VA to examine its systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

veterans disability law firms who have served our country in uniform or who accompany them deserve honest answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, however he was later acquitted of a less honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied at an amount that was significantly higher than white people. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

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 appeal, it's important that you do so as soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and gets a fair hearing.

A competent lawyer will review the evidence used to support your claim, and if needed, provide additional and more convincing evidence. A lawyer who is knowledgeable about the challenges faced by the VA can be more understanding of your situation. This can be a valuable asset in your appeals.

A veteran's claim for disability is often denied because the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and lawyers rated appropriately, giving you the benefits you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your health condition. For example, a medical expert could be able to prove that the pain you feel is due to your service-related injury and is causing you to be disabled. They may be able to assist you in obtaining the medical records needed to prove your claim.