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

Attorneys who profit from disabled veterans to make money often use their benefits. This is the reason you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won an important victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. Monk wants the VA to pay him back for benefits he has been deprived of, and veterans Disability lawsuits to modify its policies regarding race, 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 that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher 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 Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for a long time, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to battle zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was not an honorable. This "bad paper" kept him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. He also suffered a lot of emotional damage from having to relive some of his most painful memories in each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and also asks the court's order for the VA to review its systemic PTSD discrimination. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to shield the payment of veterans against claims from family members and creditors, except for alimony and child support.

Conley Monk, a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals for his service, however he was later issued a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an opinion of the agency. If you are considering appealing an agency decision, it's crucial to file an appeal immediately. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A lawyer who is qualified will be able to review the evidence used to support your claim and submit additional evidence when needed. The lawyer will also understand the challenges of dealing with the VA and this could increase the level of understanding for your situation. This could be a valuable benefit in your appeals process.

One of the main reasons that a veteran's claim for disability is rejected is because the agency has not correctly classified their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you require. An experienced attorney will be able to collaborate with medical professionals to provide additional evidence of your health condition. A medical expert, for example, may be able prove that your pain is due to your service-related injury and that it is disabling. They could be able to assist you in getting the medical evidence you need to support your claim.