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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 taken advantage of by lawyers who use their benefits as a cash cow. You need an attorney that is certified to deal with VA claims.

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

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 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, a retired psychiatrist, says that discrimination from VA has led him, and other black veterans, to suffer in a manner that has affected their health, home life as well as their employment and education. He demands that the agency compensate him for benefits he was deprived of and to change its 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 that they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims filed by Black veterans disability law firms in adisproportionate way.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and assisting in the transportation of troops and equipment to combat zones. He was eventually involved in two fights, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" prevented him from getting aid for tuition, home loans and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he asserts that the VA still has to pay him for the denials he received in the past of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit is seeking monetary damages and also to require the VA to review systemic PTSD bias. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or who accompany them require truthful answers regarding the benefits for veterans and their impact on financial issues in divorce. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to shield the veterans' compensation against claims from creditors and family members including child support and alimony.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later given a less-than-honorable discharge when he got into two fights triggered by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and winding path.

He was denied benefits at a greater rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It claims that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're considering appealing an appeal, it's important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A competent lawyer will review the evidence used to prove your claim and, should it be necessary, present new and additional evidence. A lawyer who understands the VA's challenges can be more sympathetic to your situation. This could be a great asset in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran can be denied is because the agency has not properly characterized their condition. A qualified attorney can ensure that your condition is properly classified and rated, which will allow you to get the benefits you need. A professional attorney will also be able to collaborate with medical experts to provide additional proof of your health condition. For example, a medical expert might be able prove that the pain you suffer is a result of your service-connected injury and is causing disability. They may assist you get the medical records that are needed to support your claim.