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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. You require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier that killed dozens of people has a huge victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently 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. Monk claims VA has denied his disability claims at a more frequent rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home work, education and employment. He wants the VA to reimburse him for the benefits it has denied him and to amend their policies regarding race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black veterans disability Lawsuit Project. These data showed that Black Veterans were statistically less prone to be granted an application for disability 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 due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims submitted by Black veterans in adisproportionate manner.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines who he blamed for his PTSD and was given a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered a lot of emotional damage from having to relive the most traumatic memories each time he applied and re-application for benefits, the suit claims.

The lawsuit seeks damages in the form of money and also asks the court to require the VA to examine its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get 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 those who are their companions deserve truthful answers regarding the disability benefits of veterans and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from creditors and family members including alimony and child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals, but then he received a discharge that was less than honorable due to the fact that he was battling two times caused by undiagnosed post-traumatic stress disorder. His battle for the VA to grant his claim for disability compensation was a long and difficult path.

He was denied at an amount that was significantly higher than white people. The discrimination was racial and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. 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 similar veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees an assessment made by the agency. If you are considering appealing a decision, it is important that you do so in the earliest time possible. A veteran disability lawyer can ensure that your appeal meets all requirements and gets an impartial hearing.

A lawyer who is qualified can review the evidence that was used to back your claim and provide additional evidence in the event of need. The lawyer will also understand the difficulties involved in dealing with the VA and could create a higher level of understanding for your situation. This can be a huge benefit in your appeals process.

One of the main reasons a veteran's disability claim is denied is due to the agency has not properly characterized their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional evidence of your situation. A medical professional for instance, might be able show that your pain is due to the injury you sustained while working and is disabled. They might be able assist you in obtaining the medical records needed to support your claim.