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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. This is the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier crash that claimed the lives of dozens has won a major victory. But it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home as well as their education, Veterans disability Lawsuit employment and home. He wants the agency to reimburse him for benefits it has deprived him of and to alter its policies regarding 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 Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he received a discharge that was not honorable. This "bad paper" prevented him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks financial damages and wants the court decide to require the VA to review systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve honest answers about veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans disability law firm' funds from claims of creditors and family members except for alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, however the discharge he received was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. The fight to get the VA to grant his claim for disability compensation was a long and winding path.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed in 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. It claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Disability lawsuit Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. It is important to appeal a decision as quickly as you are able. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and that it receives a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, if necessary, submit new and additional evidence. A lawyer also knows the difficulties involved in dealing with the VA and can increase the level of empathy for the situation. This can be an invaluable advantage during your appeals procedure.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able work with medical experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able show that your pain is due to your service-related injury and that it is in a way limiting. They could be able to assist you in obtaining the medical records needed to prove your claim.