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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 targeted by lawyers who make use of their benefits as a cash cow. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that killed a number of people has won a significant victory. However, it comes with 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 that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a much higher rate than white veterans over the last three decades.

Monk, a former psychiatrist, says that discrimination from VA has caused him, as well as other black vets, to suffer in a way that has affected their health, home life and employment as well as education. Monk wants the VA to pay him back the benefits they have denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request which they filed on behalf of 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. In addition the average denial rate was 6.3% higher for veterans disability lawyer of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, 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 being suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously denied claims submitted by Black Veterans in adisproportionate way.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and assisted in moving troops and equipment into combat zones. Monk was eventually involved in two fights with fellow Marines that he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting the home loan, tuition assistance and other benefits.

He sued the military to rescind the discharge and received a full range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money due to the denials he received in the past of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatic memories through each application and re-application for benefits the suit claims.

The lawsuit is seeking monetary damages and wants the court orally order the VA to examine its the systemic PTSD bias. This is the latest initiative by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. The discrimination was racial and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A competent lawyer will review the evidence to support your claim and, if necessary, submit new and additional evidence. The lawyer will also understand the difficulties involved in dealing with the VA and can create a higher level of understanding for your situation. This can be a valuable benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency was not able to accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A lawyer who is qualified will be able to consult with medical specialists to provide additional proof of your health condition. For example, a medical expert may be able to show that the pain you are experiencing is due to your service-related injury and is causing impairment. They may also be able assist you in getting the medical records required to prove your claim.