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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 why you require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an aircraft carrier crash which killed dozens has a huge victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, who is a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He demands that the agency compensate him for benefits it has deprived him of and to alter 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 data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have repeatedly rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. The "bad paper" kept him from obtaining the home loan, tuition assistance 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 says the VA still is owed money for his past denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and seeks to have the court require the VA to examine the systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who are their companions deserve honest answers about veterans disability compensation and its impact on money issues in divorce. One of the most common myths is that veterans disability lawyer can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not true. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members other than 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 equipment and troops out of combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than white people. 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 bias was systemic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans disability law firm. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. If you're thinking of appealing the decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in veteran disability appeals can help ensure that your appeal is compliant with all requirements and ensure that you are given a fair hearing.

A lawyer who is qualified can review the evidence that was used to prove your claim and then submit additional evidence should it be required. A lawyer who is familiar with the VA's issues can be more sympathetic to your circumstance. This can be an important asset in your appeals.

One of the main reasons that a veteran's claim for disability can be denied is because the agency has not properly classified their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you the benefits you deserve. A professional attorney will also be able to work with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able to prove that your pain is due to your service-related injury, and is disabling. They may be able to assist you in getting the medical evidence you need to prove your claim.