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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental illnesses related to a crash of an aircraft carrier which killed dozens has been awarded a significant victory. But it comes with 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. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. Monk wants the VA to reimburse him for benefits that it has denied him, and to modify their policies regarding race and discharge status as well as denial rates.

In the past year, Monk and the Veterans 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. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination against PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans disability lawyer. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have previously denied claims filed by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from receiving loans for homes or tuition aid as well as other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his past denials of disability compensation. The suit also claims that he suffered emotional trauma by reliving the most painful memories with each application for benefits.

The lawsuit seeks financial damages, and wants the court to direct the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them deserve honest answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most common misconceptions is that state courts can confiscate veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims by family members and creditors including child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, however his discharge was not a prestigious one because there were two battles because of a post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and difficult road.

He was denied access at the rate of significantly more 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, this racial discrimination was systemic and widespread. It claims that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an opinion of the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives a fair hearing.

A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence when needed. A lawyer also knows the difficulties of dealing with the VA and this could increase the level of understanding for your situation. This can be an invaluable benefit in your appeals process.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience will ensure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. A reputable lawyer will also be able to collaborate with medical professionals to provide additional evidence of your condition. For instance, a medical expert might be able prove that the pain you feel is a result of your service-related injury and is causing you to be disabled. They could be able to assist you in getting the medical records you require to prove your claim.