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

Attorneys who profit from disabled veterans to make money frequently use their benefits. This is why you require an attorney who is licensed to handle VA claims.

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

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, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes, employment and education. He demands that the agency compensate him for benefits he was deprived of, and to modify its policies regarding race discharge status, discharge status and denial rates.

In the past 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. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white guthrie veterans disability lawsuit between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is 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 points to evidence suggesting that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and equipment to combat zones. He was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to overturn the discharge and received a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money for his past denials of disability compensation. The suit also claims that he suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks damages in the form of money and asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve truthful information about the benefits for veterans and their influence on the financial aspects of divorce. One of the most popular myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment against claims from family members and creditors including alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but later he received a discharge that was not honorable as he was battling two times due to undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long, winding road.

He was denied benefits at a higher rate than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It claims that the VA was aware of and did not combat decades of discrimination against Black newark veterans disability lawsuit. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with a decision made by the agency. It is important to appeal a decision as quickly as you are able. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all requirements and ensure that it is heard in a fair manner.

A lawyer who is qualified will be able to review the evidence used to prove your claim and then submit additional evidence should it be required. The lawyer will also understand the challenges involved in dealing with the VA and Lawsuits can result in a greater degree of empathy for your circumstance. This could be a great asset in your appeals process.

One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't correctly described their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your health condition. For example an expert in medicine may be able to show that the pain you feel is a result of your service-related injury and is causing disability. They could be able to assist you in obtaining the medical records needed to support your claim.