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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 should hire an attorney who is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a major victory. However, it comes with a substantial price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of veterans disability lawsuit Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the last three decades.

Monk, an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes as well as their education, employment and home. He wants the agency to repay him for the benefits he has been deprived of, and to modify its policies regarding race, 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 results showed that Black veterans were statistically less likely to receive a disability claim 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

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to 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" kept him from receiving home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. He also suffered emotional damage from having to relive the most traumatic memories each time he applied and re-application, the suit says.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to get the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

The veterans who have served our country in uniform or who are their companions deserve truthful information about the benefits for veterans and their impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He received several medals for his service, but he was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and difficult road to get the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. The discrimination was racial and widespread, as per 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 was aware of but did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you are considering appealing the decision, it is essential to do so in the earliest time possible. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal is compliant with all requirements and ensure that it receives a fair hearing.

A competent lawyer will review the evidence used to prove your claim, and if needed, provide additional and more convincing evidence. A lawyer who is familiar with the challenges of the VA will be more understanding of your situation. This can be an important benefit to your appeals.

One of the main reasons that a veteran's claim for disability is denied is due to the agency has not correctly described their condition. A qualified attorney can make sure that your condition is correctly classified and rated, allowing you to obtain the benefits you require. A professional attorney will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical professional could, for instance, be able prove that your pain is caused by the injury you sustained while working and is debilitating. They could be able to assist you in obtaining the medical records needed to support your claim.