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

Attorneys who profit from disabled veterans disability lawyers to make money frequently use their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won an important victory. But it comes at the cost of.

Class Action Settlement

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

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to repay him for the benefits he has been deprived of and to change its policies on race discharge status, discharge status and denial rates.

In the past 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. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and Veterans Disability Lawsuits equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given 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 sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional trauma from reliving some of his most painful memories each time he applied and re-application, the suit says.

The lawsuit seeks financial damages and also to require the VA to examine the systems-wide PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them require truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code, Veterans Disability Lawsuits to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals for his service, but was later given a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawyer Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. It is important to appeal a decision as soon as you can. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal is compliant with all requirements and it gets a fair hearing.

A lawyer who is qualified can examine the evidence used to support your claim and submit additional evidence, in the event of need. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your circumstances. This can be an invaluable benefit in your appeals process.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will also be able to work with medical professionals to provide additional evidence of your medical condition. A medical expert could, for instance, be able to prove that your pain is caused by your service-related injury and is in a way limiting. They may also be able help you obtain the medical records that are required to support your claim.