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. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has won a major victory. But it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a 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. He claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, 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. He is requesting that the VA reimburse him for benefits that it has taken him out of, and to modify 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 through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. The average denial rate for black veterans disability lawsuit was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously rejected claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving troops and equipment into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received an unhonorable military discharge in 1971. The "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to rescind the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and seeks to have the court require the VA to look into systems-wide PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them need truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims made by creditors and family members, 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, moving equipment and troops from the combat zones. He received several medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to accept his claim for disability compensation was a long and arduous route.

He was denied benefits at a higher rate than his white peers. The discrimination was racial and widespread, 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 was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. If you are considering appealing an appeal, it's important to appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an equitable hearing.

A lawyer who is qualified is able to examine the evidence used to support your claim and submit additional evidence, if necessary. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstances. This can be an important advantage in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran can be denied is because the agency has not correctly classified their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to obtain the benefits you require. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your condition. For instance an expert in medicine might be able prove that the pain you suffer is a result of your service-related injury and that it is causing impairment. They may also be able to help you obtain the medical records required to prove your claim.