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

Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier collision has won an important victory. However, it comes at cost.

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, as per a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School veterans disability lawyers Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black vets, to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA pay him back for benefits he has been deprived of, and to modify its policies on race, discharge status and 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 that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination in 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 brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" hindered him from receiving aid for tuition, home loans and other benefits.

He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and also to decide to require the VA to review systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

People who have served their country in uniform or who accompany them need truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, but he was later awarded a less than honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding road.

He was denied services at a rate significantly higher than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans disability attorney.

Appeal

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

A lawyer who is qualified can review the evidence used to back your claim and provide additional evidence, if necessary. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstances. This can be a valuable asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A lawyer who is qualified will be able of working with medical professionals to provide additional proof of your medical condition. For example medical experts might be able prove that the pain you feel is due to your service-related injury and is disabling. They may be able to assist you in getting the medical evidence you need to prove your claim.