How The 10 Most Disastrous Veterans Disability Attorney-Related FAILS Of All Time Could Have Been Prevented

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

Attorneys who exploit disabled veterans disability lawsuit to earn money frequently use their benefits. You need an attorney that is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. But it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of white veterans over the past three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of 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 data revealed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move equipment and troops to combat zones. He was later involved in two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. That "bad paper" kept him from obtaining the home loan, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his previous denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatic experiences with every application for benefits.

The lawsuit is seeking monetary damages and seeks to have the court order the VA to review systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or were a part of them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. It is not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payment against claims from family members and creditors including alimony and child support.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, Veterans Disability Lawsuits as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but the discharge he received was not a prestigious one because he had two fights due to an undiagnosed post-traumatic disorder. The fight for Veterans Disability Lawsuits the VA to approve his claim for disability compensation was a long, winding road.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit filed 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. It claims that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the applicant is not satisfied with an assessment made by the agency. If you are considering appealing the decision, it is essential to do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted a fair hearing.

A competent lawyer will review the evidence used to prove your claim, and should it be necessary, present additional and more convincing evidence. The lawyer will also be aware of the difficulties of dealing with the VA, and this can create a higher level of empathy for your circumstance. This can be an important asset in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you the benefits you deserve. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your situation. A medical expert could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and is disabling. They may be able to assist you in getting the medical evidence you need to support your claim.