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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a cash cow. This is why you require an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that killed a number of people has been awarded a significant victory. However, it comes at an expense.

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 on Monday. 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 more frequent 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 psychiatric nurse, claims that discrimination by VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA reimburse him for benefits it has denied him, and to alter their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National veterans Disability attorney Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive 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

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims made by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. That "bad paper" prevented him from getting aid for tuition, home loans and veterans disability attorney other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of the most painful memories with each application for benefits.

The lawsuit seeks monetary damages and also to decide to require the VA to review systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest misconceptions is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, but then was discharged that was not a prestigious one because the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. This discrimination against blacks was widespread and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A licensed lawyer can examine the evidence that was used to support your claim and submit additional evidence if necessary. A lawyer will also know the challenges of dealing with the VA, and this can lead to a greater level of empathy for the situation. This can be a valuable asset in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your health condition. A medical expert is one example. They may be able prove that your pain is caused by your service-related injury and that it is disabling. They might also be able to help you get the medical records required to support your claim.