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

Attorneys who profit from veterans with disabilities to make money often use their benefits. This is why you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which 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. Monk claims VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, 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 impacted their health, homes work, education and employment. Monk wants the VA to reimburse him for benefits he was deprived of and to alter 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, 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 the right to claim disability benefits than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans disability lawyer than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was awarded a less-than-honorable military discharge in 1971. 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. He claims that the VA owes money for past denials of disability benefits. The suit claims that he also 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 review systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, should be aware of the truth about the benefits for veterans disability attorney with disabilities and their impact on divorce money issues. One of the most common myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by creditors and family members in the case of child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He received several medals for his work, but he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and winding road.

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. It asserts that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans who are 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. If you're considering appealing the decision, it is important that you do so as soon as you can. A lawyer with experience in veteran disability appeals can help you ensure that your appeal complies with all the requirements and it gets a fair hearing.

A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence, when needed. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstances. This could be a great advantage in the appeals process.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly defined their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits you deserve. A reputable lawyer will also be able to collaborate with medical experts to provide additional evidence of your medical condition. For instance an expert in medical practice might be able prove that the pain you experience is due to your service-related injury and is causing impairment. They may be able to assist you in obtaining the medical records needed to prove your claim.