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

Attorneys who exploit veterans with disabilities to make money often use their benefits. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has clinched an important victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has consistently 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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes or work and education. He is requesting that the VA reimburse him for the benefits it has not provided 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 data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. In addition, Veterans Disability Lawsuits the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honorable. This "bad paper" kept him from getting home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories through each application and re-application, the suit states.

The lawsuit seeks financial compensation, and wants the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need truthful information about the disability benefits of veterans and its impact on financial issues in divorce. One of the biggest myths is that veterans can have their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by creditors and family members in the case of child support and alimony.

Conley Monk, who was a 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 then his discharge was less than honorable due to the fact that he had two fights due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. This racial discrimination was systemic and pervasive, 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 claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for Veterans Disability Lawsuits benefits if the applicant is not satisfied with an opinion of the agency. It is essential to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.

A lawyer with experience can look over the evidence to support your claim and, when necessary, submit new and additional proof. A lawyer also knows the challenges of dealing with the VA, and this can lead to a greater level of understanding for your situation. This can be an invaluable asset in your appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is due to the agency hasn't correctly classified their condition. A skilled attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A lawyer who is qualified will be able to work with medical professionals to provide additional proof of your condition. For instance an expert in medicine might be able prove that the pain you experience is related to your service-connected injury and that it is causing impairment. They could be able to assist you in getting the medical evidence you need to support your claim.