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

Attorneys who exploit disabled veterans to make money frequently use their benefits. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash which killed dozens has been awarded a significant victory. However, it comes at cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, Veterans Disability Compensation the Yale Law School veterans disability litigation Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes or work and education. He is requesting that the VA reimburse him for the benefits they have denied him and to amend 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 which they filed 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 an application for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit points to evidence suggesting that VA officials have denied claims submitted by Black veterans disability law disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to 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. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional damage by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial damages and asks the court to direct 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 get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who are their companions deserve truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the most popular myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans disability lawyers' payments from the claims of family members and creditors with the exception of 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 equipment and troops out of combat zones. He was awarded several medals for his service, but was later given a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. His battle for the VA to approve his claim for disability compensation was a long and winding route.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability lawyers Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The suit claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as you can. A lawyer with experience in appeals for veterans disability will help you ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A qualified lawyer is able to examine the evidence that was used to justify your claim and present new and additional evidence should it be required. A lawyer will also know the challenges involved in dealing with the VA and can lead to a greater level of understanding for your situation. This can be a huge benefit in your appeals process.

One of the primary reasons a veteran's disability claim is rejected is because the agency has not properly described their condition. A lawyer who is experienced can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A reputable lawyer will also be able to collaborate with medical professionals to provide additional evidence of your situation. A medical professional, for example, may be able show that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They could be able to assist you in obtaining the medical records needed to support your claim.