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

Attorneys who profit from disabled veterans to make money often rely on their benefits. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. However, it comes at an expense.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He wants the agency to repay him for the benefits it has deprived him of and to amend its policies on race discharge status, discharge status, and veterans Disability lawsuits denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans disability lawsuit.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims made by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most painful memories in each application and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and also to require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve honest answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims made by creditors and family members in the case of child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied services at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit 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.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. If you are considering appealing an agency decision, it's important to appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an appropriate hearing.

A lawyer who is qualified can review the evidence that was used to back your claim and provide additional evidence and documentation should it be required. A lawyer who understands the challenges of the VA will be more understanding of your situation. This could be a great asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly classified their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will be able to work with medical experts to provide additional proof of your condition. A medical expert is one example. They may be able show that your pain is caused by the injury you sustained while working and is debilitating. They might also be able to help you get the medical records required to prove your claim.