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

Attorneys who profit from disabled veterans to earn money often use their benefits. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. However, it comes at the cost of.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nurse, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He demands that the agency repay him for the benefits that it has taken him out of and to alter its policies regarding race as well as discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans from 2001 until 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show 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 shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and 2020. However, he says the VA still owes him money due to the denials he received in the past of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with each application for benefits.

The lawsuit seeks monetary damages and also to order the VA to review systems-wide PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans can get their VA compensation seized to pay alimony or child support 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 brought by creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He received several medals for his service, however he was later acquitted of a less honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. The discrimination was racial and pervasive, according the lawsuit brought on behalf of him by the National veterans disability law firms Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and failed to combat 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 when the claimant is dissatisfied with a decision made by the agency. If you're thinking of appealing an appeal, it's crucial to file an appeal immediately. A lawyer who is experienced in appeals for veterans disability can assist you in ensuring that your appeal is in line with all requirements and ensure that it is heard in a fair manner.

A licensed lawyer can examine the evidence used to support your claim and submit additional evidence should it be required. A lawyer who understands the VA's challenges can be more sympathetic to your situation. This can be an invaluable benefit in your appeals process.

One of the primary reasons a veteran's disability claim is denied is because the agency has not correctly defined their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. A qualified lawyer will also be able to work with medical experts to provide additional proof of your health condition. For instance an expert in medical practice might be able prove that the pain you suffer is a result of your service-related injury and that it is causing disability. They may assist you obtain the medical records required to prove your claim.