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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier crash which killed dozens has won a major victory. However, it comes at 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, according to a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He demands that the agency repay him for the benefits he was deprived of and to change 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 information in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans disability Attorney of color was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps veteran who was denied housing as well as education benefits for a long time, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

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

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit also claims that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit is seeking monetary damages and also to decide to require the VA to review systems-wide PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the most commonly held misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by family members and creditors in the case of alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at the rate of significantly more than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with to a decision of the agency. If you're considering appealing an agency decision, it's important to appeal in the earliest time possible. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all requirements and ensure that it receives a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and should it be necessary, present additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstances. This can be an invaluable advantage in the appeals process.

One of the main reasons that a veteran's claim for disability is denied is because the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you the benefits you deserve. A qualified lawyer will be able of working with medical specialists to provide additional evidence of your condition. A medical professional could, for instance, be able to prove that the pain you are experiencing is due to the injury you sustained while working and is debilitating. They may also be able help you obtain the medical records needed to support your claim.