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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of veterans disability lawsuit Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans during the past three decades.

Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. He would like the VA to reimburse him for benefits they have denied him, and to alter their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is led by a former Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. He also suffered emotional trauma from reliving some of his most traumatizing memories through each application and re-application for benefits the suit says.

The lawsuit is seeking monetary damages and asks the court to order the VA to examine its the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims made by creditors and family members in the case of child support and alimony.

Conley Monk accepted a call 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 several medals, but later was discharged that was less than honorable due to the fact that he had two fights caused by undiagnosed post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and did not take action to address decades of discrimination against Black Veterans Disability Lawsuit. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and receives an impartial hearing.

A competent lawyer will review the evidence to support your claim, and if necessary, submit new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and can increase the level of understanding for your situation. This can be a valuable benefit to your appeals.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency has not properly defined their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you the benefits you deserve. A reputable lawyer will also be able to work with medical professionals to provide additional proof of your medical condition. A medical professional is one example. They may be able show that your pain is caused by your service-related injury, and is disabling. They might assist you get the medical records that are required to prove your claim.