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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental ailments related to an air carrier crash that killed dozens of people has won a significant victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed on 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, 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 as well as 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 in the last three decades.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black vets to suffer in a way that has affected their health, home life as well as their employment and education. He would like the VA to pay him back the benefits they have denied him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is led by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically rejected claims filed 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 battle zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he suffered emotional harm by reliving the most painful memories with every application for benefits.

The lawsuit seeks financial compensation and also asks the court to direct 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

The veterans disability law firm who have served our country in uniform or who accompany them require honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most common misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims by creditors and family members including alimony and child support.

Conley Monk, who volunteered for his country, logged 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 service, however he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied access at an amount that was significantly higher than white people. 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 racial discrimination was systemic and widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks redress 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. It is essential to appeal a decision as swiftly as you are able. A lawyer with experience in appeals for veterans disability can help you ensure that your appeal meets all requirements and it gets a fair hearing.

A qualified lawyer is able to examine the evidence that was used to support your claim and submit new and additional evidence should it be required. The lawyer will also understand the difficulties of dealing with the VA and this could create a higher level of empathy for the situation. This could be a great advantage in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A qualified attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you require. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your medical condition. A medical professional could, for instance, be able to prove that your pain is due to your service-related injury and is in a way limiting. They may also be able help you obtain the medical records that are required to prove your claim.