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

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

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to an aircraft carrier collision that killed a number of people has been awarded a significant victory. But it comes with a huge cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per 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 and 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 in the last three decades.

Monk, a former psychiatrist, says that discrimination by VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA compensate him for 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 through Freedom of Information Act requests which they filed 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 a claim for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have historically rejected claims submitted by Black Veterans in adisproportionate way.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than acceptable. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. However, he claims the VA still owes him money for his previous denials of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks financial damages and also asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the veterans' compensation against claims from creditors and family members, except for alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, however was discharged that was less than honorable because he was battling two times caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and difficult route.

He was denied access at an amount that was significantly higher than his white peers. 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 discrimination was systemic and widespread. It claims that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with a decision made by the agency. If you're thinking of appealing the decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an appropriate hearing.

A competent lawyer will review the evidence that supports your claim, and if needed, provide additional and more convincing evidence. A lawyer also knows the challenges involved in dealing with the VA and this could increase the level of understanding for your situation. This could be a great benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. An experienced attorney can ensure that your condition is properly classified and rated, allowing you to receive the benefits you require. A qualified attorney will also be able work with medical professionals to provide additional proof of your health condition. For example, a medical expert could be able to prove that the pain you suffer is a result of your service-related injury and that it is causing impairment. They may be able to assist you in getting the medical evidence you need to prove your claim.