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

Attorneys who exploit veterans with disabilities to make money often use their benefits. You need an attorney who 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 fatal air carrier collision has won a major victory. However, it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans disability attorney. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much 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, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. He wants the VA to reimburse him for the benefits it has not provided him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as 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 against PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought 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 points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was awarded a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to stop the discharge and received a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional trauma by reliving the most painful memories with each and every application for benefits.

The lawsuit is seeking monetary damages and also to order the VA to look into systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that veterans can get their VA compensation seized in order to pay child support or alimony orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard veterans' payments from claims by family members and creditors in the case of alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, however he was later given a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to approve his claim for disability compensation was a long and arduous journey.

He was denied services at the rate of significantly more than his white peers. This discrimination against Blacks was systematic and widespread, 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 knew about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

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 an agency decision, it's important to appeal as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A lawyer with experience can look over the evidence used to support your claim and, when necessary, submit new and additional evidence. The lawyer will also understand the challenges involved in dealing with the VA and can increase the level of empathy for the situation. This could be a valuable benefit in your appeals process.

One of the main reasons why a claim for disability benefits from a veteran can be denied is because the agency hasn't correctly defined their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A professional attorney will also be able work with medical professionals to provide additional evidence of your condition. A medical professional for instance, might be able prove that your pain is due to the injury you sustained while working and is in a way limiting. They could be able to assist you in obtaining the medical records needed to prove your claim.