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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 frequently use their benefits. This is why you need an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental conditions linked to an aircraft carrier collision which killed dozens has won a significant victory. But it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. 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 records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives as well as their employment and education. He would like the VA to pay him back the benefits it has not provided him, and to alter 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 data last year through Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black veterans disability law firms Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing as well as education benefits, among others despite being suffering from undiagnosed PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims submitted by Black veterans.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping to transport troops and equipment to battle zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given an unjust discharge that was less than honourable. This "bad paper" kept him from getting home loans, tuition aid 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 says the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional damage from having to relive the most traumatic memories through each application and re-application for benefits the suit says.

The lawsuit seeks damages in the form of money and seeks the court's order for 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

Those who served in uniform, or those who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. It is not true. Congress carefully crafted Title 38 of the U.S. Code to shield veterans' payment from claims brought by creditors and family members in the case of child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. Monk was awarded several medals in recognition of his service, but was later awarded a less than honorable discharge after he got involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to accept his claim for disability compensation was a long and difficult journey.

He was denied at an amount that was significantly 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, the discrimination against Black veterans was systematic and widespread. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. If you are considering appealing an agency decision, it's crucial to file an appeal as soon as possible. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A qualified lawyer can review the evidence that supports your claim, and if necessary, submit additional evidence. A lawyer who understands the challenges faced by the VA can be more sympathetic to your circumstance. This can be an invaluable advantage in the appeals process.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, which will allow you to claim the benefits you require. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your medical condition. For example medical experts might be able prove that the pain you are experiencing is a result of your service-connected injury and is disabling. They might be able assist you in getting the medical records you require to prove your claim.