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

Attorneys who exploit veterans with disabilities to make profits often make use of their benefits. This is why you require an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier collision has won a major victory. But it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims that VA has denied his disability claims at a much higher rate than those of white veterans disability lawyer in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination by VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives and employment as well as education. Monk wants the VA to repay him for the benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request which they filed 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 receive the right to claim disability benefits 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 on Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for years, even being diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. That "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to stop the discharge, and received a full 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 was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit is seeking monetary damages and also to order the VA to examine the systemic PTSD bias. It is the latest effort by groups such as the ACLU and Service Women's Action Network to make it mandatory for the VA to end the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or were a part of them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors except for alimony or child support.

Conley Monk, who was a volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but he was later given a less-than-honorable discharge after he got involved in two fights that were caused by undiagnosed PTSD. His battle for the VA to accept his claim for disability compensation was a long and difficult path.

He was denied benefits at an rate that was much higher 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. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. It is important to appeal a decision as quickly as you are able. A lawyer who is experienced in appeals for disabled veterans will help you ensure that your appeal is compliant with all the requirements and it gets a fair hearing.

A competent lawyer will review the evidence that supports your claim, and should it be necessary, present new and additional evidence. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your circumstance. This can be a significant benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency could not accurately describe their condition. An experienced attorney will ensure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified lawyer will also be able to work with medical specialists to provide additional proof of your condition. For instance an expert in medicine may be able to show that the pain you experience is a result of your service-related injury and is disabling. They could be able to assist you in obtaining the medical records needed to support your claim.