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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 money frequently use their benefits. You require an attorney who is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed dozens of people has won a major victory. However, it comes with a huge cost.

Class Action Settlement

The Department of veterans disability legal Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. 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 that VA has denied his disability claims at a much more frequent rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination from VA has caused him, and other black vets to suffer in a manner that has affected their health, home life and employment as well as education. He demands that the agency compensate him for benefits he was deprived of and to alter its policies on race as well as discharge status and denial rates.

In the past 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 Veterans Disability Lawsuit the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans disability lawsuit from 2001 until 2020. Additionally, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans disability lawsuit.

Discrimination in 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 housing, education, and other benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically denied claims made by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was awarded a discharge that was less than an honorable. The "bad paper" prevented him from getting mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. He also suffered significant emotional harm as he relived some of his most painful memories in each application and re-application for benefits, the suit says.

The lawsuit seeks damages in the form of money and asks the court to order the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Anyone who was in uniform or 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 courts in the state can garnish veterans Disability Case' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payment from claims by family members and creditors, except for child support and alimony.

Conley Monk, a devoted 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 several medals, but he received a discharge that was less than honorable due to the fact that the two battles he endured were because of a post-traumatic stress disorder. The fight for the VA to approve his claim for disability compensation was a long and difficult road.

He was denied benefits at a higher rate than white peers. 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 bias was systemic and widespread. The lawsuit claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A lawyer with experience can look over the evidence to support your claim and, when necessary, submit new and additional proof. The lawyer will also understand the challenges of dealing with the VA and could create a higher level of empathy for your circumstance. This can be a valuable benefit to your appeals.

One of the main reasons that a veteran's claim for disability can be denied is because the agency has not correctly defined their condition. An experienced attorney will ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your medical condition. A medical expert, for example, may be able to demonstrate that your pain is due to your service-related injury, and is disabling. They may also be able assist you in getting the medical evidence you need to support your claim.