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. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in 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. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans disability lawyers in the past three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has caused him, and other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. Monk wants the VA to repay him for the benefits that it has taken him out of and to alter its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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. These figures showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit provides 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 damaged transport vehicle that was prone to bullets and helping to transport equipment and troops to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was less than an honorable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with each application for benefits.

The lawsuit is seeking monetary damages and also to orally order the VA to review systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, a volunteer for his country, veterans disability Lawsuits served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding road.

He was denied benefits at a much greater rate than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. If you're thinking of appealing an agency decision, it's important that you do so as soon as possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A qualified lawyer will be able to review the evidence used to prove your claim and then submit new and additional evidence when needed. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could increase the level of empathy for your situation. This could be a great asset in your appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will be able work with medical professionals to provide additional proof of your health condition. For instance an expert in medicine might be able demonstrate that the pain you are experiencing is a result of your service-connected injury and is causing you to be disabled. They may also be able help you obtain the medical records required to prove your claim.