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

Attorneys who profit from veterans with disabilities to make money often use their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has won a significant victory. However, it comes with a price.

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. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. He wants the agency to pay him back for benefits he has been deprived of and to alter its policies on race discharge status, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans disability law firms were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

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

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" prevented him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop 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 severe emotional trauma from reliving some of his most traumatic memories with each application and re-application to receive benefits, the suit states.

The lawsuit seeks financial compensation and seeks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or who accompany them need honest answers regarding the benefits for veterans and their influence on the financial aspects of divorce. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for veterans disability lawsuit child support and alimony. It is not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims made by creditors and family members including child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but his discharge was less than honorable because there were two battles because of a post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long, winding path.

He was denied access at the rate of significantly more than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans disability lawyer. It seeks justice for Monk and similar veterans Disability Lawsuit.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is important to appeal a decision as swiftly as you are able. An experienced lawyer in veteran disability appeals can help ensure that your appeal meets all requirements and it is heard in a fair manner.

A qualified lawyer can review the evidence that supports your claim and, when necessary, submit new and additional evidence. A lawyer also knows the challenges involved in dealing with the VA and this could lead to a greater level of empathy for your situation. This could be a great advantage in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to get the benefits you're entitled to. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your situation. For example, a medical expert could be able to prove that the pain you experience is due to your service-related injury and is disabling. They might also be able help you get the medical records that are required to prove your claim.