Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle veterans disability lawsuits (just click the following web page)

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a major victory. But it comes with a hefty cost.

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, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, as well as other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He would like the VA to compensate him for the benefits they have denied him, and to alter their policies regarding race and discharge status as well as 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 filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued an unworthy military discharge in 1971. That "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. He also suffered severe emotional harm from reliving some of his most traumatizing memories through each application and re-application, the suit says.

The lawsuit seeks financial compensation and seeks the court's order for the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups such as the ACLU and veterans disability lawsuits Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payment from claims by family members and creditors with the exception of child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded numerous medals, but later he received a discharge that was less than honorable due to the fact that he had two fights because of a post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at the rate of significantly more than his white peers. 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. The lawsuit claims that the VA was aware of and failed to confront decades-old discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with an assessment made by the agency. If you're thinking of appealing an agency decision, it's essential to do so immediately. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and gets an impartial hearing.

A lawyer with experience can look over the evidence used to prove your claim and, should it be necessary, present new and additional evidence. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This can be a significant advantage in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly defined their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your condition. A medical expert, for example, may be able to prove that your pain is due to your service-related injury, and is disabled. They might be able assist you in getting the medical records you require to prove your claim.