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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who suffered schizophrenia as well as post-traumatic disorder and other mental ailments related to an aircraft carrier crash that killed dozens of people has won a major victory. However, it comes with a significant cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of veterans disability attorney Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. Monk wants the VA to reimburse him for benefits they have denied him and to change their policies regarding race, 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 that they made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. Conley Monk was later involved two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not an honorable. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional trauma by reliving his most painful experiences on each application for benefits.

The lawsuit seeks financial damages and wants the court require the VA to review the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them require honest answers about veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. It's not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from family members and creditors in the case of alimony and child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, but he was later given a less-than-honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight for the VA to grant his claim for disability compensation was a long and difficult route.

He was denied benefits at a much more frequent rate than his white peers. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing a decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A qualified lawyer can examine the evidence used to prove your claim and then submit new and additional evidence in the event of need. A lawyer also knows the difficulties involved in dealing with the VA and this could increase the level of empathy for the situation. This can be a valuable asset in your appeals.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, allowing you to receive the benefits that you deserve. A qualified lawyer will also be able to consult with medical specialists to provide additional evidence of your medical condition. For instance medical experts could be able to prove that the pain you experience is a result of your service-connected injury and is causing impairment. They might also be able help you get the medical records that are needed to support your claim.