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

Attorneys who exploit disabled veterans to earn money often rely on their benefits. This is why you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier that killed dozens of people has a huge victory. But it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of monticello veterans disability lawsuit Affairs discriminates against Black veterans by refusing their disability claims at a rate 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. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an a retired psychiatric nurse claims that discrimination by 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. He wants the agency to reimburse him for benefits he has been 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 that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing, freelegal.ch education and other benefits despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was not honourable. This "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

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

Alimony Discrimination

People who have served in the military, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims by family members and creditors with the exception of alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, but his discharge was less than honorable because he had two fights because of a post-traumatic stress disorder. The fight to get the VA to accept his claim for disability compensation was a long and winding road.

He was denied benefits at a higher rate than his white peers. This discrimination against blacks was widespread and pervasive, according to the lawsuit filed on his behalf 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. It seeks justice for Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as swiftly as you can. An experienced lawyer in appeals for veterans disability can assist you in ensuring that your appeal complies with all requirements and ensure that it gets a fair hearing.

A lawyer who is qualified is able to examine the evidence used to back your claim and provide additional evidence and documentation should it be required. A lawyer who is knowledgeable about the challenges faced by the VA can be more sympathetic to your situation. This can be a valuable benefit in your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified attorney will also be able to work with medical professionals to provide additional proof of your health condition. A medical expert, for example, may be able show that the pain you are experiencing is due to your service-related injury, freelegal.ch and is disabling. They might also be able to assist you obtain the medical records that are required to prove your claim.