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

Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash that claimed the lives of dozens has a huge victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans disability lawyers by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. Monk wants the VA to compensate him for the benefits it has not provided him and to amend their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they submitted on behalf of 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 appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented 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 full range of benefits in 2015 and 2020. But, he claims that the VA still is owed money for the denials he received in the past of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatizing memories each time he applied and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and also to order the VA to examine the 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 survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans disability lawsuit (Lamerpension explains) with disabilities and their influence on divorce money issues. One of the most common myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. It is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans disability law firm' benefits from claims of family members and creditors other than alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. He was awarded numerous medals, however the discharge he received was not a prestigious one because there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white peers. This racial discrimination was systemic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as soon as you can. An experienced lawyer in appeals for disabled veterans can help ensure that your appeal meets all the requirements and it receives a fair hearing.

A licensed lawyer can examine the evidence that was used to back your claim and provide new and additional evidence when needed. A lawyer also knows the challenges of dealing with the VA and could create a higher level of empathy for the situation. This can be an invaluable advantage in the appeals process.

One of the most frequent reasons a veteran's disability claim can be denied is because the agency has not correctly defined their condition. A qualified attorney will ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able to work with medical specialists to provide additional evidence of your medical condition. For instance an expert in medical practice might be able prove that the pain you are experiencing is related to your service-connected injury and is disabling. They may also be able assist you in getting the medical records you require to support your claim.