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 often rely on their benefits. This is the reason you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a deadly air carrier collision has won an important victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the agency to repay him for the benefits he has been deprived of, and to modify its policies regarding race discharge status, 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, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was awarded a discharge that was less than an honorable. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit seeks monetary damages and asks 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 make it mandatory for the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans disability law firms' funds from claims of creditors and family members with the exception 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 equipment and troops out of combat zones. He received several medals for his work, but he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult path.

He was denied services at an rate that was much higher than his white peers. 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 racial discrimination was systemic and widespread. It claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans disability attorney.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with a decision made by the agency. If you're thinking of appealing the decision, it is crucial to file an appeal in the earliest time possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives a fair hearing.

A lawyer who is qualified can review the evidence used to prove your claim and then submit additional evidence, if necessary. A lawyer also knows the difficulties involved in dealing with the VA and could lead to a greater level of empathy for your circumstance. This could be a valuable asset in your appeals process.

One of the most common reasons a veteran's disability claim is denied is due to the agency has not correctly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional evidence of your medical condition. For example an expert in medical practice may be able to show that the pain you experience is a result of your service-related injury and that it is causing disability. They may also be able assist you in getting the medical records you require to prove your claim.