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

Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a source of cash. This is why you need an attorney that is certified to manage 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 clinched a major victory. However, it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes or work and education. He is requesting that the VA pay him back for benefits it has deprived him of and to alter its policies on race as well as 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 that they made 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 an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

The veterans disability lawyer Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit seeks damages in the form of money and asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them require honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the most popular myths is that veterans may have their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members except for alimony or Veterans disability Lawsuits child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but the discharge he received was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and winding route.

He was denied services at an rate that was much higher than his white peers. This racial discrimination was systemic 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. The suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you can. A lawyer with experience in appeals for disabled veterans disability lawyers can help you ensure that your appeal is in line with all requirements and it is heard in a fair manner.

A lawyer who is qualified is able to examine the evidence used to prove your claim and then submit additional evidence, in the event of need. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This could be a valuable benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical professional, for example, may be able show that your pain is caused by your service-related injury, and is disabling. They may also be able assist you in obtaining the medical records needed to prove your claim.