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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. This is why you require an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has a huge victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white catoosa veterans disability lawsuit, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, 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 during the last three decades.

Monk, an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and Veterans disability lawsuit home. Monk wants the VA to pay him back for benefits he has been deprived of, and to modify its policies on race discharge status, discharge status, and denial rates.

Last 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 disability Lawsuit Project. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by a former Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he suffered emotional damage by reliving his most painful experiences on each and every application for benefits.

The lawsuit seeks financial damages and seeks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require truthful information about the veterans disability compensation and its impact on money issues in divorce. One of the most popular myths is that veterans disability lawyer can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his work, but he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit asserts that the VA was aware of but did not address decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with an assessment made by the agency. If you are considering appealing a decision, it is important that you do so in the earliest time possible. A lawyer who is experienced in appeals for veterans disability will help you ensure that your appeal complies with all requirements and ensure that it is heard in a fair manner.

A competent lawyer will review the evidence to support your claim and, if needed, provide new and additional proof. A lawyer also knows the challenges involved in dealing with the VA and this could result in a greater degree of empathy for the situation. This could be a great benefit in your appeals process.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will be able to work with medical experts to provide additional proof of your medical condition. For example medical experts might be able prove that the pain you experience is a result of your service-connected injury and is causing disability. They might also be able to assist you obtain the medical records that are required to support your claim.