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

Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash which killed dozens has won a major victory. But it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing 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 that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He is requesting that the VA compensate him for benefits that it has taken him out of and to alter its policies regarding 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 data via Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability lawyer, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for years, even being 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 way.

Conley Monk was a member of the Marines as a 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. Conley Monk was later involved two battles which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not honourable. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. He also suffered severe emotional damage from having to relive some of his most painful memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, should be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans disability attorneys' compensation from claims made by family members and creditors, except for child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded several medals, but later his discharge was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought on his behalf 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 address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is important to appeal a decision as swiftly as you can. An experienced lawyer in appeals to veterans' disability cases can help you ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A competent lawyer will review the evidence that supports your claim and, if needed, provide new and additional evidence. A lawyer who understands the challenges of the VA will be more understanding of your circumstances. This can be an invaluable advantage during your appeals procedure.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will also be able work with medical experts to provide additional evidence of your condition. For instance medical experts might be able demonstrate that the pain you experience is a result of your service-related injury and that it is causing you to be disabled. They might be able assist you in obtaining the medical records needed to support your claim.