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

Attorneys who exploit disabled veterans to earn money often use their benefits. This is why you require an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has won a significant victory. But it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. He is requesting that the VA reimburse him for the benefits it has denied him, and to alter their policies regarding race, 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 via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim 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 based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honourable. That "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine its systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them require honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors including child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later the discharge he received was less than honorable because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied services at the rate of significantly more than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawsuit (blog) Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an impartial hearing.

A qualified lawyer can review the evidence used to support your claim and, if needed, provide additional and more convincing evidence. A lawyer will also know the challenges of dealing with the VA and could result in a greater degree of understanding for your situation. This could be a great asset in your appeals process.

One of the main reasons that a veteran's claim for disability is rejected is because the agency hasn't properly classified their condition. A qualified attorney can make sure that your condition is properly classified and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to consult with medical experts to provide additional proof of your situation. For instance medical experts could be able to prove that the pain you experience is a result of your service-related injury and is causing disability. They may be able to assist you in getting the medical evidence you need to prove your claim.