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

Attorneys who exploit disabled veterans to make money often rely on their benefits. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier crash has won a major victory. But 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 at a rate that is much 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 greater rate than white veterans over the past 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 the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He wants the agency to reimburse him for benefits it has deprived him of and to change its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data by way of Freedom of Information Act requests which they filed 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 be granted an appeal for disability than white veterans disability law firms (related resource site) between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honourable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to require the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who volunteered 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 numerous medals, but he received a discharge that was less than honorable because he had two fights due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long, winding route.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans disability attorneys.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's important to appeal as soon as possible. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal is compliant with all requirements and ensure that it receives a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to support your claim and submit new and additional evidence in the event of need. A lawyer who knows the challenges of the VA will be more understanding of your circumstances. This could be a valuable advantage in the appeals process.

A claim for disability from a veteran is often denied because the agency could not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A lawyer who is qualified will be able of working with medical specialists to provide additional evidence of your condition. For example an expert in medicine might be able demonstrate that the pain you suffer is due to your service-related injury and is causing disability. They may assist you get the medical records needed to support your claim.