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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a cash cow. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that killed dozens of people has been awarded a significant victory. But it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is significantly higher than white veterans disability lawsuit. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the agency to reimburse him for benefits he was deprived of and to alter its policies on race discharge status, discharge status, and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted 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 receive an application for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. The suit claims that he suffered emotional trauma by reliving the most painful memories with each application for benefits.

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

Alimony Discrimination

Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans disability lawyers with disabilities and their influence on divorce money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later was discharged that was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied services at the rate of significantly more than white people. This discrimination against blacks was widespread and pervasive, according the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in appeals for disabled veterans can help ensure that your appeal is compliant with all requirements and you are given a fair hearing.

A qualified lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence when needed. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstances. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A qualified attorney will ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A reputable lawyer will also be able to collaborate with medical specialists to provide additional evidence of your situation. A medical expert could, for instance, be able 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 records required to prove your claim.