Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (hop over to these guys)

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. You should hire an attorney who is licensed to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier collision which killed dozens has a huge victory. However, it comes with cost.

Class Action Settlement

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

Monk, a retired psychiatrist, says that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He wants the agency to pay him back for benefits that it has taken him out of and to amend its policies regarding race, discharge status and denial rates.

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

Discrimination against PTSD

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

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

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

The lawsuit seeks monetary damages and asks the court to decide to require the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our nation in uniform and those who are their companions deserve honest answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most common misconceptions is that the state courts can take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation against claims from creditors and family members, except for alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to approve his claim for disability compensation was a long and arduous journey.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the veterans disability law firm Legal Services Clinic, this racial bias was systemic and widespread. The suit claims that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're considering appealing the decision, it is important that you do so immediately. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an appropriate hearing.

A qualified lawyer can examine the evidence used to justify your claim and present new and additional evidence in the event of need. A lawyer who is knowledgeable about the challenges of the VA will be more understanding of your circumstances. This can be a huge asset in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran is denied is because the agency hasn't correctly defined their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you to receive the benefits you deserve. A professional attorney will also be able work with medical professionals to provide additional evidence of your health condition. A medical expert, for example, may be able show that your pain is caused by your service-related injury and that it is in a way limiting. They could be able to assist you in obtaining the medical records needed to prove your claim.