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

Attorneys who exploit veterans with disabilities to make money frequently use their benefits. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed a number of people has a huge victory. However, it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black tolleson veterans disability lawyer in denying their disability claims in a manner that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims that VA has denied his disability claims at a much more frequent 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 psychiatrist, has claimed that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to pay him back the benefits they have denied him, and to alter their 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, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted the right to claim disability benefits 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 against PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims filed by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, Overland Park Veterans Disability Attorney driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was awarded an unjust discharge that was not honorable. This "bad paper" kept him from obtaining mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit also claims that he suffered emotional harm by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial compensation and asks the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, deserve to know the truth about veterans disability benefits 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 has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by family members and creditors, except for alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but was discharged that was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and Toppenish Veterans Disability lawsuit winding road.

He was denied benefits at a greater rate 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, this racial discrimination was systemic and widespread. The suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is essential to appeal a decision as quickly as you can. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence, when needed. A lawyer who knows the challenges of the VA will be more sympathetic to your situation. This could be a great advantage during your appeals procedure.

One of the primary reasons a veteran's disability claim is denied is because the agency hasn't correctly classified their condition. A skilled attorney will ensure that your condition is correctly categorized and rated, allowing you to claim the benefits you require. An experienced attorney will be able work with medical professionals to provide additional evidence of your medical condition. For example medical experts could be able to prove that the pain you experience is due to your service-related injury and that it is causing disability. They might be able assist you in obtaining the medical records needed to support your claim.