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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. You need an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has been awarded a significant victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a 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 higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School veterans disability lawyer Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination from VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He wants the agency to repay him for the benefits it has deprived him of, and to modify its policies regarding race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests, which they filed 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 to 2020. In addition, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims made by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honorable. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories through each application and re-application, the suit states.

The lawsuit seeks financial damages, Veterans Disability Lawsuits and wants the court's order for the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from family members and creditors in the case of child support and alimony.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. This racial discrimination was systemic and pervasive, 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. The lawsuit claims that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans like Monk.

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 essential to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A qualified lawyer can examine the evidence that was used to support your claim and submit additional evidence and documentation when needed. A lawyer who knows the challenges faced by the VA can be more understanding of your situation. This can be a significant asset in your appeals.

One of the main reasons a veteran's disability claim is rejected is because the agency hasn't properly characterized their condition. A skilled attorney can ensure that your condition is properly categorized and rated, allowing you to get the benefits you require. A reputable lawyer will also be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional could, for instance, be able prove that your pain is caused by your service-related injury and is debilitating. They may be able to assist you in getting the medical evidence you need to prove your claim.