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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is why you require a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has won a major victory. But it comes with a huge cost.

Class Action Settlement

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

Monk, a retired psychiatric nurse, claims that discrimination by VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to reimburse him for benefits it has not provided him, and to alter their policies on 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 via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability attorney, as per a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. The "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most painful memories through each application and re-application for benefits the suit claims.

The lawsuit seeks financial compensation, and wants the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them require truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. It's not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members, except for alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but he was later awarded a less than honorable discharge after getting into two fights triggered by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. An experienced lawyer in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all requirements and ensure that it receives a fair hearing.

A licensed lawyer will be able to review the evidence used to back your claim and provide additional evidence, in the event of need. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstances. This could be a valuable advantage in the appeals process.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able to work with medical professionals to provide additional evidence of your condition. A medical expert could, for instance, be able to demonstrate that your pain is caused by your service-related injury, and is disabling. They might be able assist you in getting the medical evidence you need to support your claim.