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

Attorneys who exploit veterans disability claim with disabilities to make profits often make use of their benefits. This is why you need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has been awarded a significant victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a higher rate than white veterans during 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 affected their health, homes as well as their education, employment and home. He demands that the agency reimburse him for benefits that it has taken him out of, and to modify its policies on race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request, which they submitted on behalf of National veterans disability legal Council for Legal Redress, and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans disability legal.

Discrimination is based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for Veterans Disability compensation years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a truck that was shot and helping move equipment and troops to combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit claims that he also was emotionally damaged by the repetition of his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial damages, and wants the court's order for 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 discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them need truthful information about veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. It's not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by creditors and family members in the case of child support and alimony.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He received several medals for his service, but he was later awarded a less than honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied access at an rate that was much higher 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 bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans disability attorney.

Appeal

The VA's Board of veterans disability lawyers Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing a decision, it is essential to do so as soon as you can. A lawyer with experience in veteran disability appeals can assist you in ensuring that your appeal meets all the requirements and veterans Disability Compensation it receives a fair hearing.

A qualified lawyer can review the evidence to support your claim and, should it be necessary, present additional and more convincing evidence. The lawyer will also be aware of the difficulties of dealing with the VA, and this can create a higher level of empathy for your circumstance. This can be an invaluable advantage during your appeals procedure.

One of the main reasons a veteran's disability claim can be denied is because the agency hasn't properly characterized their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to receive the benefits you deserve. A lawyer who is qualified will be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical expert for instance, might be able to demonstrate that your pain is a result of your service-related injury and is disabled. They may be able to assist you in getting the medical records required to support your claim.