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 use their benefits. This is why you require an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash which killed dozens has won a major victory. However, it comes with a huge cost.

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, according to the lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a former psychiatric nursing, claims that discrimination by VA has led him, and other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He wants the VA to pay him back the benefits it has not provided him and to amend their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically rejected claims submitted by Black new franklin veterans disability attorney in a disproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation and seeks the court's order for the VA to review 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 long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who served in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed the law found in Title 38, U.S. Code to protect 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, 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 he was later acquitted of a less honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white counterparts. This racial discrimination was systemic and widespread, according to the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

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 crucial to appeal a decision as swiftly as you are able. A lawyer with experience in appeals for disabled veterans can assist you in ensuring that your appeal is in line with all requirements and ensure that you are given a fair hearing.

A qualified lawyer can review the evidence to support your claim, and if necessary, submit additional and more convincing evidence. A lawyer will also know the difficulties involved in dealing with the VA and can result in a greater degree of empathy for the situation. This can be a significant asset in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A skilled attorney can ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able to consult with medical experts to provide additional evidence of your health condition. For instance an expert in medicine may be able to show that the pain you experience is a result of your service-connected injury and that it is disabling. They may also be able to help you obtain the medical records required to support your claim.