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. This is why you require an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly air carrier collision has won a major victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate 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. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk who is an a retired psychiatric nurse says that discrimination from the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. Monk wants the VA to repay him for the benefits he was deprived of and to amend its policies on race discharge status, 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 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. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans disability lawsuit - read this post here,.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to battle zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans or tuition aid as well as other benefits.

He sued the military to overturn the discharge, and received a full range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit asserts that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit is seeking monetary damages and also to orally order the VA to examine the systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military or were a part of them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is not the case. Congress carefully designed the law that is found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He received several medals for his service, however he was later acquitted of a less honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding route.

He was denied benefits at a much greater rate than his white peers. According to the lawsuit filed on 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 asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing the decision, it is essential to do so as soon as possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A lawyer with experience can look over the evidence that supports your claim, and when necessary, submit new and additional proof. A lawyer who is familiar with the challenges of the VA will be more understanding of your circumstance. This can be an important advantage in your appeals.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and Veterans Disability lawsuit rated appropriately, giving you to receive the benefits that you deserve. A professional attorney will also be able to work with medical experts to provide additional evidence of your health condition. For example an expert in medical practice may be able to show that the pain you feel is related to your service-connected injury and is causing you to be disabled. They might be able assist you in getting the medical records you require to support your claim.