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

Attorneys who profit from disabled veterans to earn money frequently use their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has a huge victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, a former psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the agency to repay him for the benefits it has deprived him of and to alter its policies regarding 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 data through Freedom of Information Act requests which they submitted on behalf of the National veterans disability attorney Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to battle zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded 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 a lot of emotional damage from having to relive some of his most traumatic memories with each application and re-application, the suit states.

The lawsuit seeks financial damages and asks the court to require the VA to review 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 survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who are their companions deserve honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his service, however he was later awarded 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 road.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, 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 other veterans disability attorney.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is important to appeal immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A competent lawyer will review the evidence used to support your claim, and should it be necessary, present new and additional proof. A lawyer who knows the VA's challenges can be more understanding of your circumstances. This can be a huge advantage during your appeals procedure.

One of the main reasons a veteran's disability claim can be denied is because the agency has not properly described their condition. A qualified attorney will ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your health condition. For instance medical experts might be able demonstrate that the pain you experience is a result of your service-connected injury and is causing you to be disabled. They might also be able to assist you get the medical records that are required to prove your claim.