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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an air carrier crash that claimed the lives of dozens has been awarded a significant victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans disability attorney 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 during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home or work and education. He wants the VA to pay him back the benefits they have denied him and to amend their policies on race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was less than honourable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered emotional damage from having to relive the most traumatic memories with each application and re-application for benefits the suit states.

The lawsuit seeks financial compensation and seeks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Veterans disability lawsuits Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who are their companions deserve truthful information about veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals for his service, but was later issued a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied benefits at a higher rate than white peers. This racial discrimination was systemic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans 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 redress for Monk and other veterans similar to him.

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. It is important to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets an equitable hearing.

A competent lawyer will review the evidence to support your claim and, if needed, provide new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and could increase the level of empathy for your circumstance. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, which will allow you to get the benefits you require. A qualified lawyer will also be able of working with medical professionals to provide additional proof of your medical condition. A medical professional could, for instance, be able show that your pain is due to your service-related injury, and is debilitating. They may also be able assist you in getting the medical records you require to support your claim.