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

Attorneys who exploit veterans with disabilities to make money often use their benefits. You need an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia as well as post-traumatic disorder and other mental conditions linked to a crash of an aircraft carrier that claimed the lives of dozens has won a significant victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate 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. He alleges that VA has denied his disability claims at a much greater rate than white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, as well as other black vets, to suffer in a way that has affected their health, their home lives and employment as well as education. He wants the VA to pay him back the benefits that it has 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 data last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans disability lawyer. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honourable. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge and received a full range of benefits in 2015 and 2020. However, he says the VA still is owed money for his past denials of disability compensation. The suit also claims that he suffered emotional harm by reliving the most painful memories with each and every application for benefits.

The lawsuit seeks financial damages and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability lawyers disability benefits and their impact on divorce financial issues. One of the most popular myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted the law in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors with the exception of alimony and child support.

Conley Monk, who volunteered 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, however he was later given a less-than-honorable discharge after getting into two fights that were caused by undiagnosed PTSD. The battle to get the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a much higher rate than his white counterparts. This racial discrimination was systemic and widespread, according to 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 knew about and failed to address decades of discrimination against Black veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A competent lawyer will review the evidence to support your claim and, when necessary, submit additional evidence. A lawyer who understands the VA's challenges can be more understanding of your situation. This can be a significant advantage in your appeals.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to receive the benefits that you deserve. A professional attorney will also be able to work with medical professionals to provide additional evidence of your health condition. A medical expert could, for instance, be able show that the pain you are experiencing is due to your service-related injury and is disabling. They might assist you get the medical records that are required to support your claim.