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

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He demands that the agency repay him for the benefits he was deprived of, Veterans Disability and to modify its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for veterans disability attorneys of color than for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most traumatizing experiences with each application for benefits.

The lawsuit is seeking monetary damages and also to orally order the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, a devoted volunteer for his country, logged 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 his discharge was less than honorable due to the fact that he had two fights caused by undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long, winding path.

He was denied at the rate of significantly more than white people. This discrimination against blacks was widespread and widespread, according to 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 asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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 quickly as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit new and additional evidence if necessary. A lawyer also knows the difficulties involved in dealing with the VA and could result in a greater degree of empathy for veterans disability attorneys your situation. This can be a significant asset in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you need. An experienced attorney will be able work with medical professionals to provide additional proof of your health condition. For example, a medical expert could be able to prove that the pain you are experiencing is a result of your service-connected injury and is causing impairment. They might also be able to help you get the medical records that are needed to support your claim.