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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, Veterans Disability Attorney schizophrenia and other mental conditions linked to a crash of an aircraft carrier that killed a number of people has won a major victory. But it comes at a price.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner 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. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets, 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 the benefits it has not provided him and to amend their policies on race and discharge status as well as 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 that they submitted on behalf of National veterans disability attorney Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans disability law firms from 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" prevented him from receiving home loans, tuition aid 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 is owed money for previous denials of disability benefits. He also suffered emotional trauma from reliving some of his most traumatizing memories through each application and re-application for benefits the suit says.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve truthful answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is simply not true. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans disability Attorney' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable because he had two fights because of a post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at an rate that was much higher than his white peers. The discrimination was racial and widespread, as per the lawsuit filed 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 but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. If you're thinking of appealing an agency decision, it's important to appeal in the earliest time possible. A lawyer who is experienced in appeals to veterans' disability cases will help you ensure that your appeal complies with all the requirements and it receives a fair hearing.

A licensed lawyer will be able to review the evidence used to back your claim and provide additional evidence, in the event of need. A lawyer also knows the difficulties involved in dealing with the VA and this could lead to a greater level of empathy for your circumstance. This could be a great benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able to collaborate with medical experts to provide additional evidence of your situation. For instance an expert in medicine might be able demonstrate that the pain you experience is a result of your service-related injury and is disabling. They may also be able to help you obtain the medical records that are required to prove your claim.