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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is why you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered schizophrenia post-traumatic disorders, schizophrenia and other mental conditions linked to an aircraft carrier crash that killed dozens of people has won a major victory. But it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk as well as the Yale Law School veterans disability lawyers Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the VA to reimburse him for the benefits that it has denied him and to change their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically denied claims filed by Black Veterans in a disproportionate manner.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to battle zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was awarded a less-than-honorable military discharge in 1971. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional damage from having to relive some of his most traumatizing memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and asks the court to require the VA to review systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to protect the payment of veterans from claims made by creditors and family members, except for child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but his discharge was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. This racial discrimination was systemic 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. It alleges 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'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 essential to do so in the earliest time possible. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal meets all requirements and you are given a fair hearing.

A lawyer who is qualified will be able to review the evidence used to back your claim and provide additional evidence in the event of need. The lawyer will also be aware of the challenges of dealing with the VA and this could create a higher level of empathy for your circumstance. This can be a huge advantage in the appeals process.

One of the primary reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't properly classified their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified lawyer will be able of working with medical experts to provide additional proof of your health condition. A medical expert could, for instance, be able prove that your pain is caused by your service-related injury and that it is debilitating. They could be able to assist you in getting the medical records you require to prove your claim.