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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. You should hire 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 disorders linked to a deadly aircraft carrier collision has won a major victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans during the past three decades.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He is requesting that the VA reimburse him for the benefits it has denied him, and to modify their policies on race and discharge status as well as 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 data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans disability attorneys of color was 6.3% higher than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was less than acceptable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to review the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure 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 those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most popular myths is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by family members and creditors in the case of child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals, however the discharge he received was not honorable as the two battles he endured were because of a post-traumatic stress disorder. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on his behalf 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 but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with a decision made by the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A licensed lawyer can review the evidence used to back your claim and provide additional evidence, should it be required. A lawyer will also know the challenges involved in dealing with the VA and could result in a greater degree of empathy for your circumstance. This can be a huge advantage during your appeals procedure.

One of the most frequent reasons a veteran's disability claim is rejected is because the agency has not correctly characterized their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will be able to work with medical professionals to provide additional proof of your condition. A medical expert for instance, might be able show that your pain is due to your service-related injury and that it is disabling. They might also be able help you get the medical records that are needed to support your claim.