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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly 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 during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of 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, 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, homes, employment and education. He wants the agency to pay him back for benefits he has been deprived of and to change its policies regarding race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National veterans disability lawyers Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans Disability Law firms.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. That "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving his most traumatizing experiences with each application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to review systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished to pay child support or alimony orders in state courts. This is not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a greater rate 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 Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

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 considering appealing an agency decision, it's important that you do so as soon as you can. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is in line with all the 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 new and additional evidence should it be required. A lawyer who is familiar with the challenges faced by the VA can be more understanding of your situation. This can be a significant asset in your appeals.

One of the most common reasons a veteran's disability claim is denied is because the agency has not correctly defined their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional proof of your health condition. For instance, a medical expert may be able to show that the pain you feel is due to your service-related injury and that it is disabling. They may also be able to help you get the medical records that are required to prove your claim.