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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal air carrier collision has won an important victory. However, 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, as per a lawsuit filed Monday. Conley Monk, a 74-year-old 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 higher rate than those of white veterans over the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, home life and employment as well as education. He would like the VA to reimburse him for the benefits that it has 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 in the past year as part of a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans disability lawsuit between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it 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 and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have repeatedly denied claims filed by Black veterans disability lawyer disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move troops and equipment to battle zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD, and received an unworthy military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatic memories in each application and re-application to receive benefits, the suit says.

The lawsuit is seeking monetary damages and seeks to have the court orally order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who are their companions deserve honest answers about the disability benefits of veterans and its impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims by creditors and family members with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to approve his claim for disability compensation was a long, winding route.

He was denied at an rate that was much higher than white people. This discrimination against Blacks was systematic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with to a decision of the agency. It is essential to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an equitable hearing.

A licensed lawyer can examine the evidence that was used to prove your claim and then submit additional evidence when needed. The lawyer will also be aware of the challenges of dealing with the VA and this could increase the level of empathy for the situation. This could be a valuable advantage in the appeals process.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will be able work with medical professionals to provide additional evidence of your situation. A medical expert, for example, may be able to demonstrate that the pain you are experiencing is due to your service-related injury and is debilitating. They might be able assist you in getting the medical records you require to support your claim.