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 rely on their benefits. This is why you should hire a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an air carrier crash that killed dozens of people has won a significant victory. However, it comes with cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans disability law firm to be affected in ways that have affected their health, homes or work and education. He is requesting that the VA pay him back for benefits he has been deprived of and to change its policies regarding race discharge status, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. In addition, 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 disability attorneys, according to a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks financial damages, and wants the court to require the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve 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. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but later the discharge he received was less than honorable due to the fact that the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long, winding path.

He was denied benefits at a higher rate than white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf by the National Veterans Disability Lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that 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 help ensure that your appeal meets all requirements and is granted an impartial hearing.

A lawyer who is qualified is able to examine the evidence used to support your claim and submit additional evidence if necessary. The lawyer will also understand the difficulties of dealing with the VA and can create a higher level of empathy for your circumstance. This can be a valuable benefit in your appeals.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. A skilled attorney will ensure that your condition is properly categorized and rated, allowing you to get the benefits you need. A qualified attorney will also be able work with medical professionals to provide additional evidence of your condition. For instance an expert in medicine may be able to show that the pain you suffer is a result of your service-connected injury and that it is causing disability. They may also be able assist you in getting the medical records required to prove your claim.