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

Attorneys who exploit disabled veterans to earn profits often make use of their benefits. This is why you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched a major victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans over the past three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is 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 impacted their health, homes work, education and employment. He is requesting that the VA reimburse him for the benefits that it has denied him, and to modify their policies regarding 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 data by way of Freedom of Information Act requests that they made on behalf of the National veterans disability lawyer Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for years, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he was given a discharge that was not honourable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He sued the military to overturn the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional harm from reliving some of his most traumatic memories with each application and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and asks the court to require the VA to examine the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their influence on divorce money issues. One of the biggest myths is that courts in the state can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully designed the law 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 accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his work, but he was later issued a less-than-honorable discharge when he got into two fights that were caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult path.

He was denied at an rate that was much higher than white people. 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, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as soon as you are able. A lawyer with experience in veteran disability appeals can help ensure that your appeal meets all the requirements and it gets a fair hearing.

A qualified lawyer can review the evidence used to support your claim and, when necessary, submit new and veterans disability lawsuits additional evidence. A lawyer who understands the VA's issues can be more sympathetic to your circumstances. This could be a great asset in your appeals process.

One of the main reasons a veteran's disability claim is denied is due to the agency hasn't correctly defined their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified attorney will be able to work with medical experts to provide additional evidence of your health condition. A medical professional is one example. They may be able show that your pain is a result of your service-related injury and that it is disabled. They may also be able to help you obtain the medical records that are needed to support your claim.