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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 exploited by attorneys who use their benefits as a way to earn money. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has won an important victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a more frequent 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, an 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 reimburse him for benefits that it has taken him out of, and to modify its policies on race, discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 and veterans disability lawsuits 2020. Additionally, the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans disability attorneys. The suit is 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 points to evidence suggesting that VA officials have denied claims made by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of equipment and troops into combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he received a discharge that was less than honorable. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military in order to rescind his discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still owes him money due to the denials he received in the past of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on every application for benefits.

The lawsuit seeks monetary damages and asks the court to orally order the VA to examine its systemic PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform or accompanied them, ought to be aware of the truth about veterans disability benefits and their influence on divorce money issues. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law contained in Title 38, U.S. Code to shield veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but then the discharge he received was not honorable as he had two fights due to undiagnosed post-traumatic stress disorder. It was a long, difficult road to get the VA to accept disability compensation.

He was denied services at an rate that was much higher than his white peers. 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 discrimination against blacks was systematic and widespread. The suit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that the claimant is dissatisfied with a decision made by the agency. If you are considering appealing an agency decision, it's essential to do so immediately. A lawyer who is experienced in veteran disability appeals will help you ensure that your appeal is in line with all the requirements and it is heard in a fair manner.

A lawyer who is qualified will be able to review the evidence that was used to back your claim and provide new and additional evidence should it be required. A lawyer will also know the difficulties involved in dealing with the VA and this could increase the level of empathy for your circumstance. This could be a great asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency was not able to accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A professional attorney will also be able to collaborate with medical experts to provide additional evidence of your situation. For instance, a medical expert might be able demonstrate that the pain you suffer is a result of your service-related injury and is causing impairment. They may also be able help you obtain the medical records required to support your claim.