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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash which killed dozens has a huge victory. But it comes with a huge cost.

Class Action Settlement

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

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes, employment and education. He demands that the agency reimburse him 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 last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday the veterans disability lawsuit Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have previously rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm from reliving some of his most traumatic memories with each application and re-application, the suit claims.

The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to review systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims made by creditors and family members in the case of child support and alimony.

Conley Monk, who was a volunteer for his country, served 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 the discharge he received was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at a rate significantly higher 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 asserts that the VA was aware of and failed to address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.

A competent lawyer will review the evidence that supports your claim and, should it be necessary, present new and additional proof. A lawyer also knows the challenges of dealing with the VA and can lead to a greater level of empathy for the situation. This can be a significant asset in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated appropriately, giving you the benefits you deserve. An experienced attorney will be able work with medical experts to provide additional proof of your health condition. For example medical experts could be able to prove that the pain you suffer is a result of your service-connected injury and is causing you to be disabled. They could be able to assist you in getting the medical records required to prove your claim.