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

Attorneys who exploit disabled veterans to make profits often make use of their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and Veterans disability lawsuits other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. But it comes with a price.

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, as per 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. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans disability lawyers to be affected in ways that have impacted their health, homes or work and education. Monk wants the VA to reimburse him for the benefits they have denied him, and to modify their policies regarding race, discharge status, and denial rates.

In the past year, Monk and the veterans disability lawyer 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 results showed that Black veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. The "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military to rescind the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and seeks to have the court require the VA to examine the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment against claims from creditors and family members in the case of child support and alimony.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He received several medals for his service, but was later issued a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous path.

He was denied benefits at a more frequent rate than his white counterparts. 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 racial bias was systemic and widespread. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with to a decision of the agency. It is crucial to appeal a decision as soon as you can. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal complies with all requirements and it receives a fair hearing.

A lawyer who is qualified can examine the evidence that was used to justify your claim and present new and additional evidence in the event of need. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This could be a great benefit in your appeals process.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency has not correctly described their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A qualified attorney will also be able work with medical professionals to provide additional proof of your situation. A medical professional could, for instance, Veterans disability lawsuits be able show that your pain is due to your service-related injury, and is disabling. They may also be able to help you obtain the medical records that are required to support your claim.