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

Attorneys who profit from disabled veterans to earn money often rely on 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 other mental health conditions linked to a deadly air carrier collision has won a major victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is much higher than white veterans disability lawyer. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much more frequent 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, an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, education and employment. He is requesting that the VA reimburse him for the benefits that it has denied him, and to alter their policies on 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 by way of Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to stop the discharge, and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to his previous denials of disability compensation. He also suffered emotional harm as he relived the most traumatic memories each time he applied and re-application for benefits the suit states.

The lawsuit seeks monetary damages and asks the court to direct 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 the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military, or those who accompanied them, ought to be aware of the truth about veterans disability lawsuit disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by family members and creditors in the case of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed on 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. It alleges that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an impartial hearing.

A competent lawyer will review the evidence that supports your claim, and when necessary, submit new and additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and could increase the level of empathy for the situation. This can be a huge advantage during your appeals procedure.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency hasn't properly characterized their condition. A qualified attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you need. A reputable lawyer will also be able to collaborate with medical professionals to provide additional evidence of your condition. A medical professional could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is debilitating. They could be able to assist you in getting the medical records required to support your claim.