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 cash cow. This is the reason you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental disorders related to a crash of an aircraft carrier that killed a number of people has a huge victory. But it comes with a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a 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. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that discrimination by the VA has caused him and Veterans disability Lawsuits other black veterans to be affected in ways that have affected their health, home or work and education. He wants the VA to reimburse him for benefits it has not provided him, and to alter their policies on race and discharge status as well as 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 which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for his previous denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatizing experiences with every application for benefits.

The lawsuit is seeking monetary damages and wants the court require the VA to look into systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payment against claims from family members and creditors including alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied at an rate that was much higher than white people. This racial discrimination was systemic and widespread, 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 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.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you are considering appealing an appeal, it's crucial to file an appeal immediately. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal meets all requirements and ensure that it gets a fair hearing.

A qualified lawyer is able to examine the evidence that was used to justify your claim and present new and additional evidence if necessary. The lawyer will also be aware of the difficulties of dealing with the VA, and this can create a higher level of empathy for your circumstance. This can be an important advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. An experienced attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you require. A professional attorney will also be able work with medical experts to provide additional evidence of your situation. For instance an expert in medical practice could be able to prove that the pain you are experiencing is a result of your service-related injury and that it is causing you to be disabled. They may also be able help you get the medical records that are needed to support your claim.