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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. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched an important victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans over the past three decades.

Monk, a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have impacted their health, home, employment and education. Monk wants the VA to compensate him for benefits he has been deprived of and to alter its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via 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 be granted the right to claim disability benefits 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

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence that VA officials have historically disproportionately rejected claims filed by Black veterans disability lawsuit.

Conley Monk decided to join in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still is owed money for the denials he received in the past of disability compensation. The suit claims that he suffered emotional damage by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and wants the court require the VA to look into systems-wide PTSD bias. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce-related money issues. One of the biggest misconceptions is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals, but later the discharge he received was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long, difficult road to convince the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than white people. 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 discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and other veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A licensed lawyer can review the evidence that was used to justify your claim and present new and additional evidence in the event of need. A lawyer will also know the difficulties of dealing with the VA and this could create a higher level of empathy for your situation. This can be a valuable benefit to your appeals.

One of the most common reasons a veteran's disability claim is rejected is because the agency hasn't properly characterized their condition. A lawyer with experience can ensure that your condition is classified and rated properly, which will allow you the benefits you deserve. An experienced attorney will be able to collaborate with medical professionals to provide additional proof of your condition. For instance, a medical expert could be able to prove that the pain you feel is a result of your service-connected injury and that it is disabling. They could be able to assist you in getting the medical evidence you need to prove your claim.