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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier collision has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans disability attorney, according to a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a higher rate than those of 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 retired psychiatrist, has claimed that discrimination from VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He is requesting that the VA reimburse him for the benefits it has not provided him and to amend their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 receive an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims made by Black Veterans in adisproportionate way.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport equipment and Veterans Disability Lawsuits troops to combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional trauma from reliving the most traumatic memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial damages and also asks the court to require the VA to examine 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 to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them need truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the biggest 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 has carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of creditors and family members other than alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later acquitted of a less honorable discharge after getting into two fights caused by undiagnosed PTSD. The battle to get the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied at the rate of significantly more than white people. 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 racial bias was systemic and widespread. It asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an appropriate hearing.

A qualified lawyer will be able to review the evidence used to support your claim and submit additional evidence in the event of need. A lawyer also knows the difficulties of dealing with the VA and can increase the level of empathy for Veterans Disability Lawsuits your situation. This can be a huge asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't properly defined their condition. A qualified attorney can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you require. A qualified lawyer will be able to work with medical experts to provide additional proof of your health condition. A medical professional is one example. They may be able to demonstrate that your pain is a result of your service-related injury and is disabled. They might also be able help you get the medical records required to support your claim.