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 need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won an important victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He wants the VA to pay him back the benefits they have denied him and to change 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 data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Disability Lawsuit Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have repeatedly denied claims filed by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD and was awarded an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans or veterans disability lawsuit tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks damages in the form of money, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them need truthful information about the benefits for veterans and their impact on financial issues in divorce. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment from claims by family members and creditors in the case of child support and alimony.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but then was discharged that was less than honorable due to the fact that he was battling two times due to an undiagnosed post-traumatic disorder. His battle for the VA to accept his claim for disability compensation was a long and arduous route.

He was denied services at the rate of significantly more than his white peers. This discrimination against Blacks was systematic and widespread, as per 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 claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of veterans disability lawsuit Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. If you are considering appealing an appeal, it's important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A lawyer with experience can look over the evidence to support your claim and, when necessary, submit new and additional proof. The lawyer will also understand the challenges of dealing with the VA and this could create a higher level of empathy for your circumstance. This can be a valuable advantage in your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A skilled attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your health condition. For instance an expert in medical practice might be able demonstrate that the pain you are experiencing is due to your service-related injury and that it is causing you to be disabled. They might be able assist you in getting the medical evidence you need to support your claim.