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 cash cow. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier which killed dozens has a huge victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on 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 more frequent 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, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. Monk wants the VA to repay him for the benefits that it has taken him out of and to change its policies regarding race, discharge status and 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 made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. He also suffered significant emotional harm from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit says.

The lawsuit seeks monetary damages and also to orally order the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, should be aware of the truth about the benefits for veterans Disability lawsuit with disabilities and their influence on divorce money issues. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members, except for child support and alimony.

Conley Monk, who volunteered 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 work, but he was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than white people. This racial discrimination was systemic and widespread, according to 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 asserts that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an opinion of the agency. If you are considering appealing the decision, it is crucial to file an appeal immediately. An experienced lawyer in veteran disability appeals can help you ensure that your appeal complies with all the requirements and it receives a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, should it be necessary, present new and additional proof. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your situation. This could be a valuable advantage during your appeals procedure.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A reputable lawyer will also be able to work with medical experts to provide additional proof of your situation. A medical expert is one example. They may be able to prove that your pain is due to your service-related injury and is disabled. They may also be able help you obtain the medical records that are needed to support your claim.