Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits [kayemess.com]

Attorneys who exploit disabled veterans to make money often use their benefits. This is why you should hire 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 related to a fatal aircraft carrier collision has won an important victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He would like the VA to pay him back the benefits they have denied him, and to alter their policies regarding race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and Veterans Disability lawsuits other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have denied claims made by Black Veterans in a disproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories with each application and re-application, the suit says.

The lawsuit seeks damages in the form of money, and wants the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need honest answers regarding veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but the discharge he received was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. The battle to get the VA to accept his claim for disability compensation was a long and difficult route.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA knew about and did not take action 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 in the event that the claimant is dissatisfied with an assessment made by the agency. If you're considering appealing a decision, it is important to appeal immediately. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A licensed lawyer can review the evidence used to justify your claim and present additional evidence should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your circumstance. This could be a great asset in your appeals.

One of the main reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly defined their condition. An experienced attorney can ensure that your condition is properly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will also be able to collaborate with medical professionals to provide additional proof of your situation. A medical professional, for example, may be able to prove that your pain is a result of your service-related injury and is disabling. They might assist you obtain the medical records required to support your claim.