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

Attorneys who profit from disabled veterans to earn money frequently use their benefits. You need 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 collision has won a major victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, who is an psychiatric nurse who retired, says that discrimination from the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. Monk wants the VA to reimburse him for the benefits that it has denied 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 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 Attorney Project. This data 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 black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping move troops and equipment to battle zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was not acceptable. This "bad paper" kept him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a full range of 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 from reliving some of his most traumatic memories each time he applied and re-application for benefits the suit claims.

The lawsuit seeks monetary damages and wants the court require the VA to look into systems-wide PTSD bias. 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 survivors of sexual assault.

Alimony Discrimination

Those who served in uniform or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial 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. This isn't the case. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation against claims from creditors and family members in the case of alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals, but later he received a discharge that was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and difficult path.

He was denied benefits at a more frequent rate than his white counterparts. This racial discrimination was systemic and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans disability law firms similar to Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with a decision made by the agency. If you're thinking of appealing the decision, it is essential to do so as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.

A lawyer who is qualified can examine the evidence used to back your claim and provide additional evidence and documentation should it be required. The lawyer will also be aware of the difficulties involved in dealing with the VA and this could lead to a greater level of understanding for your situation. This can be an important benefit in your appeals.

One of the most common reasons that a veteran's claim for disability can be denied is because the agency hasn't correctly characterized their condition. A skilled lawyer can make sure that your condition is properly classified and rated properly, which will allow you the benefits you deserve. A qualified attorney will also be able to work with medical experts to provide additional proof of your health condition. A medical expert for instance, might be able to prove that your pain is due to your service-related injury and is disabled. They could be able to assist you in getting the medical records you require to prove your claim.