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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you need an attorney with the right qualifications to manage 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 clinched a major victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans disability law firm by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed 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 more frequent rate than white veterans over the past three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He would like the VA to pay him back the benefits it has not provided him, and to alter their policies on race and discharge status as well as 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, which they submitted on behalf of National veterans disability attorney Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot 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 received an unhonorable military discharge in 1971. This "bad paper" prevented 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 full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

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

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the payment of veterans from claims by creditors and family members in the case of 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. Monk was awarded several medals in recognition of his service, however he was later issued a less-than-honorable discharge when he got into two fights that were not diagnosed as being caused by PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. The discrimination was racial and widespread, as per 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. The lawsuit claims that the VA knew about and did not take action to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

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. If you're considering appealing an appeal, it's crucial to file an appeal as soon as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all the requirements and it receives a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim, and if needed, provide new and additional proof. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This could be a great benefit in your appeals.

One of the main reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly classified their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A professional attorney will also be able work with medical experts to provide additional evidence of your situation. A medical professional, for example, may be able prove that the pain you are experiencing is due to the injury you sustained while working and is disabled. They may be able to assist you in getting the medical records you require to prove your claim.