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

Attorneys who profit from disabled veterans to earn money often use their benefits. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Dallas veterans disability law firm Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly 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. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination by VA has caused him, as well as others of black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA pay him back for benefits it has deprived him of, and to modify its policies regarding race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received 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 his discharge. He was awarded full benefits in 2015 and 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 painful memories in each application and re-application for benefits, the suit states.

The lawsuit seeks monetary damages and wants the court order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them need honest answers about the benefits for veterans and their impact on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, but the discharge he received was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and arduous path.

He was denied services at an rate that was much higher than white people. This discrimination against blacks was widespread and widespread, as per the lawsuit brought 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 failed to combat decades of discrimination against Black charlottesville veterans disability law firm. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. If you're considering appealing a decision, it is crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is in line with all requirements and ensure that it gets a fair hearing.

A licensed lawyer will be able to review the evidence that was used to justify your claim and present additional evidence and documentation should it be required. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This can be a huge benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency didn't accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your situation. For example medical experts might be able demonstrate that the pain you suffer is a result of your service-related injury and is disabling. They may be able to assist you in obtaining the medical records needed to support your claim.