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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 way to earn money. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. However, it comes with a huge cost.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk and 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 over the past three decades.

Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He is requesting that the VA reimburse him for benefits that it has taken him out of and to amend its policies regarding race discharge status, discharge status and denial rates.

In the past 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 that they made 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 be granted an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans disability lawsuit, as per a lawsuit filed Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than an honorable. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional harm by reliving the most painful memories with each application for benefits.

The lawsuit seeks financial damages and wants the court orally order the VA to look into systems-wide PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who are their companions deserve honest answers about the disability benefits of veterans and its influence on the financial aspects of divorce. One of the most popular myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members in the case of alimony or child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but he received a discharge that was not honorable as he had two fights because of a post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long, winding path.

He was denied benefits at a rate significantly higher than his white peers. According to the lawsuit filed on his behalf by the National veterans disability lawsuit Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an assessment made by the agency. It is crucial to appeal a decision as soon as you can. A lawyer with experience in veteran disability appeals can help ensure that your appeal complies with all the requirements and that you are given a fair hearing.

A lawyer with experience can look over the evidence that supports your claim, and if needed, provide additional and more convincing evidence. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstances. This can be a valuable asset in your appeals.

One of the most frequent reasons a veteran's disability claim is denied is due to the agency hasn't properly characterized their condition. An experienced attorney can ensure that your condition is correctly classified and rated, which will allow you to receive the benefits you require. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your health condition. A medical expert for instance, might be able prove that your pain is due to your service-related injury, and is in a way limiting. They may also be able assist you in getting the medical evidence you need to support your claim.