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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 money often rely on their benefits. You require an attorney who is licensed to manage VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed on 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 past three decades, as per documents obtained by Monk and the Yale Law School veterans disability attorney Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes work, education and employment. He would like the VA to reimburse him for benefits it has not provided him and to change their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans disability attorneys of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per 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 years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. That "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He sued the military to overturn the discharge, and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still owes him money for the denials he received in the past of disability compensation. He also suffered severe emotional damage from having to relive some of his most painful memories each time he applied and re-application, the suit states.

The lawsuit seeks financial compensation and also asks the court's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve honest answers about the benefits for veterans and their impact on money issues in divorce. One of the most common misconceptions is that state courts can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' benefits from claims of family members and creditors except for alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals for his service, however he was later acquitted of a less honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to approve his claim for disability compensation was a long and arduous route.

He was denied benefits at a higher rate than his white counterparts. 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 bias was systemic and widespread. The suit claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeals

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. If you're considering appealing the decision, it is important to appeal in the earliest time possible. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an appropriate hearing.

A qualified lawyer is able to examine the evidence that was used to prove your claim and then submit new and additional evidence in the event of need. A lawyer also knows the challenges of dealing with the VA, and this can lead to a greater level of empathy for your circumstance. This can be an invaluable asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to receive the benefits you need. An experienced attorney will be able to work with medical professionals to provide additional proof of your condition. For example an expert in medical practice might be able prove that the pain you feel is a result of your service-connected injury and is causing impairment. They might assist you get the medical records required to prove your claim.