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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. You require an attorney who is certified to deal with 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 a major victory. However, it comes at an expense.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk and the Yale Law School veterans disability lawyer Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans over the past three decades.

Monk, a former psychiatric nurse, claims that discrimination by VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life as well as their employment and veterans Disability Lawsuits education. He is requesting that the VA reimburse him for the benefits that it has denied him and to change their policies regarding 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle and was a part of the team that moved troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he was given an unjust discharge that was not acceptable. This "bad paper" did not allow him to get aid for tuition, home loans and other benefits.

He sued the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered emotional harm as he relived some of his most painful memories with each application and re-application for benefits, the suit claims.

The lawsuit seeks financial compensation and seeks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the biggest misconceptions is that state courts are able to garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect veterans' payments from claims brought by creditors and family members including alimony and child support.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later acquitted of a less honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and arduous path.

He was denied benefits at a much greater rate than his white peers. 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, this racial bias was systemic and widespread. The lawsuit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is important that you do so as soon as possible. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A qualified lawyer can review the evidence that supports your claim, and should it be necessary, present additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more sympathetic to your circumstances. This can be a significant advantage in your appeals.

One of the most common reasons that a veteran's claim for disability is denied is because the agency hasn't properly described their condition. An experienced attorney can make sure that your condition is properly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will be able of working with medical experts to provide additional proof of your health condition. A medical expert could, for instance, be able to demonstrate that your pain is due to your service-related injury and that it is disabled. They might also be able to help you get the medical records that are required to prove your claim.