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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. However, it comes with a price.

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, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He would like the VA to reimburse him for the benefits that it has denied him and to change 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 in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Disability lawsuit Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is 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 repeatedly denied claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was less than an honorable. The "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional trauma from reliving the most traumatic memories with each application and re-application, the suit states.

The lawsuit seeks financial damages and seeks the court to order 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 force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims brought by creditors and family members with the exception of child support and alimony.

Conley Monk, a devoted volunteer for veterans disability his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, however the discharge he received was less than honorable because he had two fights because of a post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, veterans disability Lawsuits this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you can. An experienced lawyer in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and it is heard in a fair manner.

A licensed lawyer will be able to review the evidence used to prove your claim and then submit additional evidence, should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstance. This could be a valuable asset in your appeals process.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you the benefits you deserve. An experienced attorney will be able to work with medical experts to provide additional proof of your situation. A medical expert for instance, might be able prove that your pain is a result of your service-related injury, and is debilitating. They could be able to assist you in getting the medical records required to support your claim.