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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. This is why you require an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes at the cost of.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly 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. He claims that VA has denied his disability claims at a much higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans disability attorney to suffer in ways that have impacted their health, home or work and education. Monk wants the VA to pay him back the benefits it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have rejected claims submitted by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot and helping to transport troops and equipment to battle zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was not honourable. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered a lot of emotional trauma from reliving the most traumatic memories through each application and re-application, the suit says.

The lawsuit is seeking monetary damages and also to require the VA to review systems-wide PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common myths is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was not a prestigious one because the two battles he endured were caused by undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. 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 discrimination against blacks was systematic and widespread. The suit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an equitable hearing.

A licensed lawyer can examine the evidence used to prove your claim, and if needed, provide additional evidence. A lawyer who knows the challenges faced by the VA can be more sympathetic to your circumstances. This could be a valuable advantage during your appeals procedure.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency has not correctly defined their condition. A skilled attorney can ensure that your condition is properly classified and rated, which will allow you to claim the benefits you need. A qualified attorney will also be able work with medical experts to provide additional proof of your condition. A medical professional for instance, might be able to demonstrate that your pain is a result of your service-related injury and is disabling. They might also be able to help you get the medical records that are needed to support your claim.