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

Veterans with disabilities are often victimized by lawyers who use their benefits as a way to earn money. You need an attorney that is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a deadly aircraft carrier collision has won an important victory. But it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk who is an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans to suffer in ways that have affected their health, home, employment and education. He wants the VA to compensate him for the benefits it has not provided him, and to alter their policies regarding race, discharge status, and denial rates.

Monk and the veterans disability law firm Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress and Veterans Disability Lawsuits the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for Veterans Disability Lawsuits veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed on Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have historically denied claims filed by Black veterans in adisproportionate manner.

Conley Monk decided to join in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport equipment and troops to combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than an honorable. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to reverse his discharge. He was awarded full benefits in 2015 and in 2020. However, he says the VA still owes him money due to his past denials of disability compensation. He also suffered a lot of emotional harm as he relived the most traumatic memories with each application and re-application for benefits, the suit claims.

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 effort by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them deserve honest answers about veterans disability compensation 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. It's not true. Congress carefully crafted the law in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals, but later the discharge he received was not a prestigious one because the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a greater rate than his white peers. This discrimination against blacks was widespread 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. The lawsuit asserts that the VA was aware of and failed to address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with an assessment made by the agency. If you are considering appealing an agency decision, it's important that you do so as soon as you can. An experienced lawyer in veteran disability appeals can help ensure that your appeal complies with all the requirements and it receives a fair hearing.

A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit additional evidence. A lawyer who is familiar with the challenges of the VA will be more sympathetic to your circumstances. This can be a valuable benefit to your appeals.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency hasn't correctly classified their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. A qualified attorney will also be able work with medical experts to provide additional proof of your medical condition. A medical professional could, for instance, be able show that the pain you are experiencing is due to the injury you sustained while working and is disabling. They might also be able help you get the medical records required to prove your claim.