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

Attorneys who profit from disabled veterans to make money frequently use their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health disorders linked to a deadly aircraft carrier crash has clinched an important victory. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a higher rate than those of white veterans over the last three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for the benefits it has not provided him, and to modify their policies on race and discharge status as well as denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans disability lawsuit between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have denied claims filed by Black Veterans in adisproportionate way.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and assisting in the transportation of troops and equipment to combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not honorable. That "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still has to pay him for his past denials of disability compensation. He also suffered a lot of emotional harm as he relived some of his most traumatic memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks damages in the form of money and seeks the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and lawsuits Service Women's Action Network to force the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who accompany them require honest answers regarding the disability benefits of veterans and its impact on money issues in divorce. 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 safeguard the payment of veterans from claims by family members and creditors including alimony and child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded several medals, but then his discharge was less than honorable because he had two fights due to an undiagnosed post-traumatic disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding path.

He was denied at an amount that was significantly higher than his white peers. The discrimination was racial and widespread, as per the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as fast as you can. An experienced lawyer in appeals for disabled veterans can help you ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A lawyer with experience can look over the evidence used to prove your claim and, when necessary, submit additional evidence. The lawyer will also be aware of the challenges of dealing with the VA and can create a higher level of empathy for your circumstance. This can be a valuable advantage in your appeals.

One of the primary reasons why a claim for disability benefits from a veteran is denied is due to the agency has not correctly characterized their condition. A skilled lawyer can make sure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will also be able to consult with medical specialists to provide additional proof of your medical condition. A medical expert could, for instance, be able to prove that your pain is caused by your service-related injury and that it is disabling. They might be able assist you in getting the medical records required to prove your claim.