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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental disorders related to an aircraft carrier crash which killed dozens has been awarded a significant victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, Veterans Disability Lawsuits the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives as well as their employment and education. He would like the VA to reimburse him for the benefits that it has denied him and to amend their policies regarding race, 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. The data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans disability law firm between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. This "bad paper" prevented him from receiving loans for homes or tuition aid as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered emotional damage from having to relive the most traumatic memories through each application and re-application, the suit claims.

The lawsuit is seeking monetary damages and seeks to have the court require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, Veterans Disability Lawsuits a devoted 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 for his service, however he was later awarded a less than honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied access at an rate that was much higher than his white peers. This discrimination against blacks was widespread and pervasive, according 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 knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

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 essential to appeal a decision as fast as you can. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal is in line with all requirements and it is heard in a fair manner.

A licensed lawyer can examine the evidence used to justify your claim and present additional evidence, should it be required. A lawyer also knows the challenges of dealing with the VA, and this can lead to a greater level of understanding for your situation. This can be a valuable asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will be able to consult with medical experts to provide additional evidence of your medical condition. A medical professional for instance, might be able show that your pain is due to your service-related injury, and is debilitating. They might assist you obtain the medical records that are required to prove your claim.