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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier crash has won a major victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans disability attorneys, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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 affected their health, homes work, education and employment. He wants the agency to repay him for the benefits he was deprived of, and to modify its policies regarding race as well as discharge status and denial rates.

Last year, Monk and veterans disability lawsuits the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 prone to be granted the claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

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 was later involved in two fights which he blamed on his PTSD. In 1971, he received an unjust discharge that was not an honorable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued 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. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with each and every application for Veterans Disability Lawsuits benefits.

The lawsuit seeks financial damages and wants the court decide to require the VA to look into systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them need truthful information about veterans disability compensation and its impact on money issues in divorce. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims brought by creditors and family members, except for alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but his discharge was less than honorable due to the fact that he was battling two times caused by 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 rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans similar to him.

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 important that you do so as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets a fair hearing.

A lawyer with experience can look over the evidence to support your claim, and if needed, provide additional and more convincing evidence. A lawyer will also know the difficulties of dealing with the VA and can lead to a greater level of understanding for your situation. This could be a great asset in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly described their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A lawyer who is qualified will be able to consult with medical experts to provide additional proof of your situation. For instance an expert in medicine could be able to prove that the pain you experience is a result of your service-related injury and that it is disabling. They may also be able to assist you obtain the medical records that are needed to support your claim.