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

Attorneys who exploit veterans with disabilities to make money often use their benefits. You need an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier crash has won an important victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a retired psychiatric nursing, claims that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life, employment, and education. He is requesting that the VA pay him back the benefits it has not provided him and to change their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress as well as 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. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He sued the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. However, he says the VA still has to pay him for the denials he received in the past of disability compensation. He also suffered a lot of emotional trauma from reliving some of his most painful memories through each application and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and also to order the VA to look into the systemic PTSD bias. 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 Dayton Veterans Disability Lawyer disability benefits and their impact on divorce money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later the discharge he received was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and winding route.

He was denied at an amount that was significantly higher than white people. This racial discrimination was systemic and widespread, according to the lawsuit filed on his behalf by the National elberton veterans disability lawsuit Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an opinion of the agency. It is essential to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an appropriate hearing.

A lawyer with experience can look over the evidence used to support your claim and, when necessary, submit new and additional proof. A lawyer who is familiar with the VA's challenges can be more understanding of your circumstance. This can be a valuable benefit to your appeals.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency has not properly characterized their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated properly, which will allow you to receive the benefits you deserve. A qualified attorney will be able work with medical experts to provide additional proof of your condition. For instance an expert in medical practice might be able prove that the pain you are experiencing is related to your service-connected injury and that it is causing impairment. They might also be able help you get the medical records required to prove your claim.