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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a cash cow. You require an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has won a major victory. But it comes with a hefty price tag.

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, according to 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. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a former psychiatrist, says that discrimination from VA has caused him, Veterans Disability Lawsuits as well as other black vets, to suffer in a manner that has affected their health, their home lives, employment, and education. He would like the VA to reimburse him for the benefits they have 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 information last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans disability attorney of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, Veterans Disability Lawsuits according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was awarded an unworthy military discharge in 1971. That "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and also to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors except for alimony or child support.

Conley Monk, a volunteer for 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 for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and difficult road.

He was denied benefits at an rate that was much higher than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on his behalf by the National veterans disability lawyer Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.

A licensed lawyer can examine the evidence that supports your claim and, when necessary, submit additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This can be a valuable benefit in your appeals.

One of the main reasons that a veteran's claim for disability is rejected is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified lawyer will be able to work with medical specialists to provide additional evidence of your condition. A medical professional, for example, may be able show that your pain is due to the injury you sustained while working and is debilitating. They may be able to assist you in getting the medical records you require to support your claim.