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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans over the past three decades.

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, home work, education and employment. Monk wants the VA to pay him back for benefits he has been deprived of and to amend its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for veterans disability attorney (thinktoy.net official) 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 a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not honourable. This "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and in 2020. However, he claims the VA still has to pay him for his previous denials of disability compensation. He also suffered emotional trauma from reliving some of his most traumatizing memories in each application and re-application for benefits the suit states.

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

Alimony Discrimination

People who have served their country in uniform or who accompany them deserve truthful answers regarding the benefits for veterans and their impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payment from claims brought by creditors and family members, except for child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, however he received a discharge that was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an appeal, it's important that you do so as soon as possible. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal meets all requirements and it receives a fair hearing.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present additional evidence in the event of need. A lawyer will also know the challenges of dealing with the VA and can result in a greater degree of empathy for your situation. This can be a huge asset in your appeals process.

One of the most frequent reasons a veteran's disability claim is denied is because the agency has not properly characterized their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional proof of your medical condition. For instance, a medical expert may be able to show that the pain you suffer is a result of your service-related injury and that it is disabling. They could be able to assist you in getting the medical records you require to support your claim.