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

Veterans with disabilities are often exploited by attorneys who use their benefits as a way to earn money. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, Veterans Disability Lawsuits and other mental health conditions related to a deadly air carrier collision has won an important victory. However, it comes with a huge price tag.

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, according to 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 documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk who is an 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, home as well as their education, employment and home. He is requesting that the VA pay him back for benefits he was deprived of and to alter its policies regarding race, discharge status and denial rates.

Monk and the veterans disability attorney Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent 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 is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he received a discharge that was less than honourable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He sued the military 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. He also suffered significant emotional damage from having to relive some of his most traumatizing memories with each application and re-application for benefits the suit says.

The lawsuit seeks financial damages and seeks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move 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

Veterans who have served our nation in uniform and those who are their companions deserve honest answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest myths is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but he was later awarded a less than honorable discharge when he got into two fights triggered by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and difficult journey.

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, this discrimination against blacks was systematic and widespread. It claims that the VA was aware of and did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is important that you do so immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and gets a fair hearing.

A qualified lawyer can examine the evidence that was used to justify your claim and present additional evidence and documentation in the event of need. The lawyer will also understand the challenges of dealing with the VA and can increase the level of empathy for your circumstance. This could be a great benefit in your appeals process.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. A medical professional, for example, may be able prove that your pain is caused by the injury you sustained while working and is in a way limiting. They may also be able to assist you get the medical records that are required to prove your claim.