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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash which killed dozens has been awarded a significant victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which 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 higher rate than those of white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have impacted their health, home work, education and employment. He wants the agency to compensate him for benefits he has been deprived of and to alter its policies regarding 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 the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than 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 lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional trauma from reliving some of his most traumatic memories in each application and re-application to receive benefits, the suit states.

The lawsuit seeks monetary damages and veterans disability lawsuits also asks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve truthful answers regarding the benefits for veterans disability lawyers and their impact on financial issues in divorce. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted 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 volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded several medals, but then the discharge he received was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. The discrimination was racial and widespread, according to 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. It asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans disability attorney. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with a decision made by the agency. If you're considering appealing a decision, it is essential to do so as soon as possible. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal meets all requirements and ensure that you are given a fair hearing.

A competent lawyer will review the evidence used to prove your claim and, should it be necessary, present new and additional proof. A lawyer who knows the challenges faced by the VA can be more understanding of your circumstance. This can be a huge advantage during your appeals procedure.

One of the most common reasons a veteran's disability claim is denied is because the agency hasn't properly described their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A reputable lawyer will also be able of working with medical specialists to provide additional evidence of your condition. A medical expert is one example. They may be able to demonstrate that your pain is caused by your service-related injury and is debilitating. They may be able to assist you in getting the medical evidence you need to support your claim.