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

Attorneys who profit from disabled veterans to earn money often use their benefits. This is why you require an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier collision that killed a number of people has won a significant victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and 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 who is an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. Monk wants the VA to reimburse him for benefits they have denied him and to amend their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted 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 the right to claim disability benefits than white veterans from 2001 until 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically denied claims filed by Black veterans disability attorney in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than honourable. This "bad paper" kept him from obtaining aid for tuition, veterans disability attorney 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 claims the VA still owes him money due to his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving the most painful memories with each application for benefits.

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 attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them require honest answers about the benefits for veterans and their influence on the financial aspects of divorce. One of the most commonly held misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code, to protect veterans disability law firm' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later his discharge was less than honorable due to the fact that he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. According to the lawsuit filed on 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. The lawsuit 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 who are like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. It is essential to appeal a decision as quickly as you are able. A lawyer with experience in appeals for veterans disability can help ensure that your appeal complies with all the requirements and it receives a fair hearing.

A competent lawyer will review the evidence to support your claim, and should it be necessary, present new and additional proof. A lawyer who is familiar with the challenges faced by the VA can be more sympathetic to your circumstance. This could be a great asset in your appeals.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A professional attorney will also be able to collaborate with medical professionals to provide additional proof of your condition. For instance an expert in medical practice could be able to prove that the pain you suffer is due to your service-related injury and that it is causing impairment. They may also be able to help you obtain the medical records that are required to support your claim.