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

Attorneys who exploit disabled veterans to make money frequently use their benefits. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier collision has won a major victory. But it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed Monday the Department of veterans disability lawyer Affairs discriminates against Black veterans by denying their disability claims at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during 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 over the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He wants the agency to pay him back for benefits that it has taken him out of and to amend its policies regarding race, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

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

Conley Monk served in the Marines as a 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. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to stop the discharge and received a full range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered a lot of emotional harm as he relived the most traumatic memories each time he applied and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and seeks to have the court order the VA to examine the systems-wide PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members except for alimony or child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but his discharge was not a prestigious one because there were two battles because of a post-traumatic stress disorder. The fight for the VA to grant his claim for disability compensation was a long and winding journey.

He was denied services at an amount that was significantly higher than his white peers. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you're considering appealing a decision, it is important to appeal as soon as you can. An experienced lawyer in veteran disability appeals can help you ensure that your appeal complies with all the requirements and you are given a fair hearing.

A qualified lawyer can review the evidence that supports your claim, and when necessary, submit additional evidence. A lawyer who knows the challenges faced by the VA can be more understanding of your situation. This can be a significant benefit in your appeals.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified lawyer will be able of working with medical experts to provide additional proof of your condition. For example an expert in medicine could be able to prove that the pain you experience is due to your service-related injury and that it is causing impairment. They may assist you obtain the medical records needed to support your claim.