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

Attorneys who exploit disabled veterans to make money often use their benefits. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health disorders linked to a deadly aircraft carrier crash has won a major victory. But it comes with the cost of.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per the agency's records obtained by Monk and Veterans Disability Lawsuits the Yale Law School Veterans Legal Services Clinic.

Monk who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans disability lawyer to suffer in ways that have impacted their health, home as well as their education, employment and home. Monk wants the VA to compensate him for benefits he was deprived of and to alter 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 data in the past year as part of a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

PTSD Discrimination

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

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" kept him from getting 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. However, he claims the VA still owes him money due to his past denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to examine the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after getting into two fights triggered by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult road.

He was denied services at an amount that was significantly higher than his white peers. The discrimination was racial and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and receives a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, if necessary, submit additional and more convincing evidence. The lawyer will also understand the difficulties of dealing with the VA and can increase the level of empathy for the situation. This can be a huge advantage in the appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly classified their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your medical condition. A medical expert for instance, might be able show that your pain is due to your service-related injury and that it is in a way limiting. They might be able assist you in obtaining the medical records needed to support your claim.