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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. You should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, 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 last 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 suffer in ways that have affected their health, home or work and education. He wants the VA to pay him back the benefits it has not provided him, and to modify their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with 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 member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit seeks monetary damages and seeks to have the court decide to require the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who are their companions deserve honest answers about veterans disability lawsuit disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long, winding road for him to get the VA to accept disability compensation.

He was denied at an rate that was much higher than his white peers. The discrimination was racial and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an opinion of the agency. It is important to appeal a decision as soon as you are able. A lawyer with experience in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence used to support your claim and, if necessary, submit additional and more convincing evidence. A lawyer who understands the challenges of the VA will be more sympathetic to your situation. This can be an invaluable advantage in the appeals process.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional evidence of your condition. For instance, a medical expert may be able to show that the pain you experience is a result of your service-related injury and is disabling. They may be able to assist you in getting the medical records required to support your claim.