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

Veterans with disabilities are frequently targeted by lawyers who make use of 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 from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has clinched an important victory. But it comes with an expense.

Class Action Settlement

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

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, home or work and education. He would like the VA to compensate him for the benefits they have denied him and to change their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black veterans disability attorney Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have previously denied claims made by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered emotional harm from reliving some of his most painful memories each time he applied and re-application for benefits, the suit says.

The lawsuit seeks financial damages and seeks to have the court orally order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who accompany them need truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay child support or Lawsuits alimony orders in state courts. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and Lawsuits troops out of conflict zones. He was awarded numerous medals, but then the discharge he received was less than honorable due to the fact that there were two battles due to an undiagnosed post-traumatic disorder. The fight for the VA to accept his claim for disability compensation was a long, winding road.

He was denied services at a rate significantly higher than white people. The discrimination was racial and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the veterans disability lawyers Legal Services Clinic at Yale Law School. The lawsuit 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 like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. It is essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an impartial hearing.

A lawyer who is qualified is able to examine the evidence used to back your claim and provide additional evidence, if necessary. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be an invaluable advantage in the appeals process.

One of the main reasons a veteran's disability claim can be denied is because the agency hasn't correctly defined their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert, for example, may be able prove that the pain you are experiencing is due to your service-related injury and is in a way limiting. They might be able assist you in obtaining the medical records needed to support your claim.