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

Attorneys who profit from disabled veterans to make profits often make use of their benefits. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate which 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 records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans over the last three decades.

Monk, a former psychiatrist, says that discrimination from VA has led him, and other black vets, to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the VA to pay him back the benefits it has not provided him and to change their policies on race and discharge status as well as denial rates.

In the past year, Monk and the veterans disability lawsuit Legal Services Clinic obtained 20 years of VA disability compensation claim data 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 receive an application for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was not honorable. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered severe emotional harm as he relived the most traumatic memories with each application and re-application for benefits the suit claims.

The lawsuit seeks financial damages and also to decide to require the VA to examine the the systemic PTSD bias. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most common myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members in the case of alimony or child support.

Conley Monk, 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, but later his discharge was not honorable as there were two battles due to undiagnosed post-traumatic stress disorder. It was a long, lengthy process to get the VA to accept disability compensation.

He was denied services at an rate that was much higher than white people. 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. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black Veterans. It seeks redress for Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and receives an equitable hearing.

A qualified lawyer can review the evidence to support your claim, and when necessary, submit new and additional proof. The lawyer will also understand the challenges of dealing with the VA and can result in a greater degree of empathy for your situation. This can be an important asset in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A professional attorney will also be able to work with medical professionals to provide additional evidence of your health condition. For example medical experts might be able prove that the pain you suffer is related to your service-connected injury and that it is causing you to be disabled. They may also be able to assist you obtain the medical records required to prove your claim.