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

Attorneys who exploit disabled veterans to make money frequently use their benefits. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly air carrier collision has won an important victory. However, it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He is requesting that the VA reimburse him for benefits they have denied him, and to alter their policies on race and discharge status as well as 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, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans disability lawyers of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims made by Black veterans disability law firms in a disproportionate manner.

Conley Monk volunteered to serve 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. He ended up in two fights with fellow Marines who he blamed for his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes, 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 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm as he relived some of his most traumatizing memories with each application and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and also asks the court to require the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve honest answers about the benefits for veterans and their impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims brought by creditors and Veterans Disability Lawsuits family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. He was awarded several medals for his work, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight for the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at a greater rate than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. 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 veterans like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, if necessary, submit additional and more convincing evidence. A lawyer also knows the difficulties of dealing with the VA and can create a higher level of understanding for Veterans Disability Lawsuits your situation. This can be an invaluable benefit in your appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will also be able work with medical professionals to provide additional evidence of your condition. For example medical experts could be able to prove that the pain you feel is due to your service-related injury and that it is causing disability. They might also be able to help you get the medical records needed to support your claim.