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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is why you should hire a attorney who is accredited to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an aircraft carrier crash that claimed the lives of dozens has won a major victory. But it comes with a price.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing 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 the documents obtained by Monk, 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 during the past three decades.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, home life work, education, and employment. He would like the VA to reimburse him for the benefits that it has denied him, and to alter their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination based on PTSD

According to a lawsuit filed Monday, 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 a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of troops and Veterans disability lawsuits equipment to battle zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was issued an unworthy military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and seeks the court's order for the VA to review its systemic PTSD discrimination. 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

Those who have served our nation in uniform, or who accompany them deserve honest answers regarding the disability benefits of veterans and its effect on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by creditors and family members with the exception of child support and alimony.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but he received a discharge that was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. The fight for the VA to approve his claim for disability compensation was a long and difficult road.

He was denied at an amount that was significantly higher than his white peers. According to the lawsuit filed on his behalf by the National veterans disability attorney Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and failed to deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing an agency decision, it's essential to do so immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an equitable hearing.

A qualified lawyer can review the evidence that was used to prove your claim and then submit additional evidence if necessary. The lawyer will also understand the challenges of dealing with the VA and can increase the level of empathy for your situation. This can be a significant advantage in your appeals.

One of the most common reasons a veteran's disability claim is denied is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, allowing you the benefits you deserve. A qualified lawyer will also be able of working with medical professionals to provide additional evidence of your situation. A medical expert could, for instance, be able to demonstrate that the pain you are experiencing is due to your service-related injury, and is in a way limiting. They might also be able to help you obtain the medical records that are needed to support your claim.