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

Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed dozens of people has won a major victory. But it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently 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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, 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 in the past three decades.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. Monk wants the VA to repay him for the benefits that it has taken him out of and to amend its policies on race, discharge status and denial rates.

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

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatizing memories in each application and re-application for benefits, the suit says.

The lawsuit seeks financial compensation and asks the court to require the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who are their companions deserve truthful answers regarding the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but was discharged that was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied services at an rate that was much higher than white people. This discrimination against blacks was widespread and widespread, according to 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 confront decades-old discrimination against Black Veterans. It seeks to redress Monk and other mill creek veterans disability law firm similar to him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with a decision made by the agency. If you are considering appealing a decision, it is important that you do so as soon as possible. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A licensed lawyer can review the evidence that was used to prove your claim and then submit additional evidence if necessary. The lawyer will also understand the difficulties of dealing with the VA, and this can create a higher level of empathy for your situation. This could be a great advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. A skilled attorney can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will be able to consult with medical specialists to provide additional proof of your medical condition. A medical expert, for example, may be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is disabled. They might be able assist you in getting the medical evidence you need to prove your claim.