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

Veterans with disabilities are often targeted by lawyers who make use of their benefits as a way to earn money. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier crash that killed dozens of people has won a significant victory. However, it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans 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 higher rate than those of white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination by VA has caused him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He is requesting that the VA compensate him for benefits that it has taken him out of, and to modify its policies regarding race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they filed on behalf of the National veterans disability attorneys Council for Legal Redress and 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 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was 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 was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move troops and equipment to combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. He also suffered significant emotional harm as he relived some of his most traumatic memories in each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and Veterans Disability Lawsuit wants the court decide to require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans Disability lawsuit' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later awarded a less than honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and winding journey.

He was denied at the rate of significantly more than white people. 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 discrimination against blacks was systematic and widespread. It claims that the VA was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you're thinking of appealing a decision, it is important to appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal complies with all the requirements and that it gets a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, if necessary, submit new and additional evidence. A lawyer who understands the VA's challenges can be more understanding of your situation. This can be an invaluable advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency was not able to accurately describe their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to claim the benefits you need. A qualified lawyer will be able to collaborate with medical professionals to provide additional evidence of your health condition. For example medical experts could be able to prove that the pain you suffer is due to your service-related injury and is causing you to be disabled. They could be able to assist you in getting the medical records you require to prove your claim.