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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 cash cow. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier collision that claimed the lives of dozens has a huge victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, a former psychiatric nurse, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a manner that has affected their health, home life as well as their employment and education. He is requesting that the VA pay him back for benefits he has been deprived of and to change its policies on race as well as discharge status and denial rates.

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

Discrimination in 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 access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.

He filed a lawsuit against the military to stop the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional damage from having to relive some of his most traumatic memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks monetary damages and wants the court decide to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt 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 have served our nation in uniform and those who accompany them require honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most popular myths is that veterans disability lawsuit can get their VA compensation seized to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by creditors and family members including child support and alimony.

Conley Monk, a devoted volunteer for his country, logged 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 then his discharge was not honorable as the two battles he endured were caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long and arduous route.

He was denied benefits at a higher rate than 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, this discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and did not take action to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with to a decision of the agency. If you're considering appealing the decision, it is important that you do so immediately. A lawyer who is experienced in appeals to veterans' disability cases can help you ensure that your appeal is compliant with all requirements and ensure that it receives a fair hearing.

A lawyer who is qualified will be able to review the evidence used to prove your claim and then submit new and additional evidence in the event of need. A lawyer who understands the challenges faced by the VA can be more understanding of your circumstance. This can be a significant advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency could not accurately describe their condition. A lawyer with experience can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified attorney will also be able work with medical experts to provide additional evidence of your situation. A medical professional is one example. They may be able show that your pain is a result of your service-related injury, and is in a way limiting. They might also be able help you obtain the medical records needed to support your claim.