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 the reason you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to a crash of an aircraft carrier that killed dozens of people has won a significant victory. However, it comes with 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 significantly higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a higher rate than those of white veterans over the past three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He wants the VA to compensate him for the benefits it has denied him, and to modify 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 in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the 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 basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, veterans Disability lawsuits as per a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing, veterans disability lawsuits education and other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of equipment and troops to combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was given an unhonorable military discharge in 1971. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded a wide range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. The suit asserts that he suffered emotional harm by reliving his most traumatizing experiences with every application for benefits.

The lawsuit seeks financial damages and seeks to have the court orally order the VA to examine its systemic PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them deserve honest answers about the veterans disability compensation and its impact on money issues in divorce. One of the most commonly held misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. It is not true. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims brought by family members and creditors, except for alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his work, but he was later given a less-than-honorable discharge after he was involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. 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. It alleges that the VA was aware of and failed to take action to end decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to him.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with an assessment made by the agency. It is important to appeal a decision as soon as you are able. A lawyer who is experienced in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, if needed, provide new and additional evidence. A lawyer also knows the difficulties of dealing with the VA and this could increase the level of empathy for your circumstance. This can be an important benefit to your appeals.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated properly, which will allow you to get the benefits you're entitled to. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your situation. 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 in a way limiting. They may also be able assist you in getting the medical records required to prove your claim.