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

Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. This is the reason you need a attorney who is accredited to manage VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that 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 a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He is requesting that the VA reimburse him for the benefits it has not provided him and to change their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of 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 receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday the veterans disability lawyers Affairs Department denies disability benefits to Black veterans. The suit is 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 cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk signed up 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. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than honorable. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and in 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 the most traumatic memories through each application and re-application for benefits the suit states.

The lawsuit seeks financial damages and also to orally order the VA to review systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or were a part of those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans disability law firms' compensation from claims made by creditors and family members in the case of child support and alimony.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, however he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to grant his claim for disability compensation was a long and difficult path.

He was denied benefits at a higher rate than his white counterparts. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

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 soon as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an equitable hearing.

A qualified lawyer can review the evidence used to prove your claim and, should it be necessary, present new and additional evidence. A lawyer who knows the challenges of the VA will be more sympathetic to your circumstances. This can be a huge advantage during your appeals procedure.

A claim for disability from a veteran is often denied because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will be able to work with medical experts to provide additional evidence of your health condition. For example an expert in medicine may be able to show that the pain you experience is a result of your service-related injury and that it is causing you to be disabled. They may also be able assist you in obtaining the medical records needed to support your claim.