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 require an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision that killed a number of people has a huge victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans disability law firms by denying their disability claims at a rate which is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the agency to repay him for the benefits that it has taken him out of and to change its policies on race as well as discharge status and denial rates.

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

Discrimination against PTSD

According to a lawsuit filed on Monday in the United States, the veterans disability attorney Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not an honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money for his past denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving the most painful memories with each application for benefits.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine its 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

People who have served their nation in uniform, or who accompany them need truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts can take away veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed the law found 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, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but then his discharge was not honorable as there were two battles due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought 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 confront decades-old discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. If you are considering appealing a decision, it is important to appeal immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an equitable hearing.

A lawyer who is qualified is able to examine the evidence that was used to justify your claim and present additional evidence and documentation in the event of need. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This can be a huge benefit in your appeals process.

A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your condition. A medical expert, for example, may be able to demonstrate that your pain is caused by your service-related injury and is in a way limiting. They could be able to assist you in getting the medical records required to prove your claim.