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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. This is the reason you need an attorney with the right qualifications 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 clinched an important victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans. 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 more frequent rate than white veterans disability attorney over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an ex-psychiatric nurse and retired, claims that discrimination by the VA has caused him and other black veterans Disability Lawsuit to suffer in ways that have affected their health, homes or work and education. He wants the agency to repay him for the benefits that it has taken him out of and to amend its policies on race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National veterans disability attorney Council for Legal Redress and veterans Disability lawsuit the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have previously denied claims made by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and assisting in the transportation of equipment and troops to combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial compensation, and wants the court to order the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. Monk was awarded several medals in recognition of his work, but he was later given a less-than-honorable discharge after getting into two fights that were not diagnosed as being caused by PTSD. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than white people. This racial discrimination was systemic and pervasive, veterans disability lawsuit 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 asserts that the VA was aware of but did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeal

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. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A qualified lawyer is able to examine the evidence that was used to back your claim and provide new and additional evidence if necessary. A lawyer also knows the difficulties of dealing with the VA and this could lead to a greater level of empathy for your circumstance. This can be an invaluable asset in your appeals process.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will be able to consult with medical specialists to provide additional proof of your medical condition. For example an expert in medicine might be able demonstrate that the pain you feel is due to your service-related injury and that it is causing disability. They could be able to assist you in getting the medical records you require to prove your claim.