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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. This is why you require an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed a number of people has won a major victory. However, 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 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 during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home work, education and employment. Monk wants the VA to repay him for the benefits it has deprived him of, and to modify its policies on race discharge status, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black royersford veterans disability attorney was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and attorneys in 2020. But, he claims that the VA still has to pay him for his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on every application for benefits.

The lawsuit seeks monetary damages, and wants the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims made by creditors and family members including alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. The discrimination was racial and pervasive, according the lawsuit brought on behalf of him by the National fond du lac veterans disability lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA was aware of and Attorneys failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an appeal, it's crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A licensed lawyer will be able to review the evidence that was used to support your claim and submit additional evidence, if necessary. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This could be a great benefit in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A qualified attorney can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your health condition. A medical professional for instance, might be able to demonstrate that your pain is due to the injury you sustained while working and is disabling. They could be able to assist you in getting the medical records you require to support your claim.