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

Attorneys who exploit disabled veterans to make money frequently use their benefits. This is why you need an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier crash that killed a number of people has a huge victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School veterans disability lawyer Legal Services Clinic.

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. Monk wants the VA to reimburse him for the benefits it has not provided him, and to alter their policies on race, discharge status, and denial rates.

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

Discrimination due to 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 veteran who was denied access to housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and Lawsuits helping to transport troops and equipment to battle zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was given a discharge that was not honourable. This "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit is seeking monetary damages and wants the court order the VA to examine its the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them require honest answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest myths 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 Title 38 of the U.S. Code to protect veterans' payments from claims made by creditors and family members in the case of alimony and child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his work, but he was later issued a less-than-honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. It is crucial to appeal a decision as soon as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A lawyer who is qualified will be able to review the evidence that was used to prove your claim and then submit additional evidence if necessary. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This can be an important benefit to your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. A qualified attorney will be able work with medical professionals to provide additional evidence of your situation. A medical professional is one example. They may be able show that your pain is a result of the injury you sustained while working and is in a way limiting. They may also be able assist you in getting the medical records required to prove your claim.