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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a way to earn money. This is why you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorders, schizophrenia and other mental illnesses related to an air carrier crash that killed a number of people has been awarded a significant victory. However, it comes with cost.

Class Action Settlement

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

Monk, a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to be affected 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 amend its policies on race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via 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 appeal for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite being suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, as well as assisted in the movement of equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given an unworthy military discharge in 1971. That "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each and every application for benefits.

The lawsuit seeks monetary damages and asks the court to require the VA to examine its systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need truthful answers regarding the veterans disability law firms disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims made by family members and creditors including child support and alimony.

Conley Monk, who volunteered for his country, spent 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 was later issued a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to grant his claim for disability compensation was a long and winding journey.

He was denied benefits at a much higher rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

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 ensure that your appeal fulfills all requirements and receives an impartial hearing.

A qualified lawyer can examine the evidence that was used to support your claim and submit additional evidence when needed. The lawyer will also understand the challenges involved in dealing with the VA and can create a higher level of empathy for your situation. This can be a significant advantage in your appeals.

One of the most frequent reasons that a veteran's claim for disability is denied is because the agency hasn't correctly characterized their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A qualified attorney will be able work with medical professionals to provide additional proof of your situation. A medical expert could, for instance, be able prove that the pain you are experiencing is due to the injury you sustained while working and is disabled. They could be able to assist you in getting the medical evidence you need to prove your claim.