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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a source of cash. You should hire an attorney who is licensed to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on 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 more frequent rate than 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 former psychiatrist, has claimed that discrimination from VA has led him, and other black vets to suffer in a manner that has affected their health, home life work, education, and employment. Monk wants the VA to repay him for the benefits he has been deprived of and to alter its policies regarding race as well as 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 that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans from 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The veterans disability lawyers Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and 2020. However, he claims the VA still owes him money for his past denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatizing memories in each application and re-application to receive benefits, the suit says.

The lawsuit seeks financial compensation and seeks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform or who accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest myths is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white peers. This racial discrimination was systemic and widespread, according to the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. It is important to appeal a decision as quickly as you can. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal meets all requirements and ensure that you are given a fair hearing.

A licensed lawyer is able to examine the evidence used to back your claim and provide new and additional evidence should it be required. A lawyer will also know the difficulties involved in dealing with the VA and could lead to a greater level of understanding for your situation. This can be a huge advantage during your appeals procedure.

One of the main reasons a veteran's disability claim is denied is because the agency hasn't correctly described their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to get the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional proof of your condition. For instance an expert in medical practice might be able prove that the pain you suffer is a result of your service-connected injury and is causing disability. They could be able to assist you in getting the medical records required to prove your claim.