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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision which killed dozens has a huge victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and Veterans disability attorney the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination from 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. Monk wants the VA to pay him back for benefits he was deprived of and to alter its policies on race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National veterans disability attorney [Delivery Hipermailer Com official] Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

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

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to examine its systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims made by family members and creditors, except for alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his service, however he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and difficult road to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white counterparts. According to the lawsuit filed on his behalf by the National veterans disability lawyers Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. If you're thinking of appealing an agency decision, it's important to appeal in the earliest time possible. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is in line with all requirements and it receives a fair hearing.

A competent lawyer will review the evidence used to prove your claim and, if necessary, submit additional evidence. A lawyer who is familiar with the VA's challenges can be more sympathetic to your circumstance. This can be a significant asset in your appeals.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency hasn't properly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. An experienced attorney will be able work with medical experts to provide additional proof of your situation. For instance an expert in medicine may be able to show that the pain you experience is related to your service-connected injury and that it is causing disability. They could be able to assist you in getting the medical records required to prove your claim.