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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You require an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that killed a number of people has been awarded a significant victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by 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. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, and other black vets to suffer in a way that has affected their health, their home lives, employment, and education. He demands that the agency compensate him for benefits it has deprived him 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, and veterans Disability Lawsuits the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The veterans disability law firms Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was given an unjust discharge that was not an honorable. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He sued the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. He also suffered severe emotional trauma from reliving the most traumatic memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and asks the court 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 force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the most commonly held misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed on 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 alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an opinion of the agency. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as possible. An experienced lawyer in veteran disability appeals can help ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A licensed lawyer can examine the evidence that supports your claim, and if needed, provide additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and could increase the level of understanding for your situation. This can be a huge advantage during your appeals procedure.

One of the most common reasons a veteran's disability claim is rejected is because the agency has not properly described their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your condition. For instance an expert in medical practice might be able demonstrate that the pain you suffer is a result of your service-connected injury and is causing impairment. They may be able to assist you in obtaining the medical records needed to prove your claim.