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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. This is why you require an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has won a significant victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, and other black vets, to suffer in a way that has affected their health, home life, employment, and education. He demands that the agency reimburse him for benefits he was deprived of, and to modify its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he received an unjust 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 reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered significant emotional harm as he relived some of his most traumatic memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks damages in the form of money and asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or 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 he was later awarded a less than honorable discharge after he was involved in two fights caused by undiagnosed PTSD. The fight for the VA to grant his claim for disability compensation was a long and winding journey.

He was denied services at an amount that was significantly higher than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing a decision, it is crucial to file an appeal as soon as possible. A lawyer who is experienced in appeals for disabled veterans can assist you in ensuring that your appeal is compliant with all the requirements and that it is heard in a fair manner.

A licensed lawyer is able to examine the evidence that was used to justify your claim and present additional evidence if necessary. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This can be a huge advantage during your appeals procedure.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional evidence of your medical condition. A medical professional is one example. They may be able show that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They might assist you obtain the medical records that are needed to support your claim.