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

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

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier collision has won an important victory. However, it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during 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 much higher rate than white veterans in the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination by VA has led him, and other black veterans, to suffer in a manner that has affected their health, their home lives and employment as well as education. He wants the VA to reimburse him for the benefits that it has denied him, and to modify their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

PTSD Discrimination

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for years, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and assisted in moving equipment and troops into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was awarded a discharge from the military that was not honorable in 1971. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. The suit claims that he also suffered emotional damage by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and asks the court to orally order the VA to review systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform and those who accompany them deserve truthful answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the biggest myths is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to shield veterans' funds from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then was discharged that was less than honorable due to the fact that the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long, lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. The discrimination was racial and widespread, according to 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. It claims that the VA was aware of but did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeal

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. If you're thinking of appealing the decision, it is crucial to file an appeal in the earliest time possible. An experienced lawyer in veteran disability appeals can help you ensure that your appeal is compliant with all requirements and it is heard in a fair manner.

A competent lawyer will review the evidence used to support your claim, and if needed, provide additional and more convincing evidence. The lawyer will also understand the difficulties of dealing with the VA and this could increase the level of empathy for your circumstance. This can be a significant benefit to your appeals.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you need. A qualified lawyer will also be able to work with medical specialists to provide additional evidence of your health condition. For instance, a medical expert might be able demonstrate that the pain you feel is a result of your service-related injury and that it is causing disability. They may also be able help you get the medical records that are required to support your claim.