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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is why you require a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a deadly air carrier collision has won an important victory. But it comes with a huge price tag.

Class Action Settlement

The Department of Veterans Disability Attorney Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes, employment and education. He wants the VA to reimburse him for the benefits it has denied him, and to alter their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data last year through Freedom of Information Act request, which they submitted on behalf of National Veterans Council for veterans disability attorney Legal Redress as well as the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 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, according to the lawsuit filed on Monday. The suit is filed by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having a diagnosis of PTSD. The suit points to evidence suggesting that VA officials have previously denied claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and assisted in moving equipment and troops into combat zones. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse his discharge. He was awarded full benefits both in 2015 and Veterans Disability Attorney 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. The suit claims that he suffered emotional trauma by reliving his most painful experiences on every application for benefits.

The lawsuit seeks monetary damages, and wants the court to order the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who served in uniform or accompanied those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most popular myths is that veterans can have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law that is found in Title 38, U.S. Code, to protect veterans' funds from claims of family members and creditors other than alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but was discharged that 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 and difficult road to get the VA to accept disability compensation.

He was denied benefits at the rate of significantly more than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It 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 disability attorneys.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an assessment made by the agency. It is crucial to appeal a decision as quickly as you can. A lawyer with experience in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and it gets a fair hearing.

A lawyer who is qualified is able to examine the evidence used to support your claim and submit additional evidence if necessary. A lawyer also knows the difficulties of dealing with the VA and this could create a higher level of empathy for your circumstance. This can be an important asset in your appeals.

One of the most common reasons why a claim for disability benefits from a veteran is denied is because the agency has not properly described their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to obtain the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional evidence of your situation. For instance an expert in medicine might be able prove that the pain you are experiencing is related to your service-connected injury and that it is causing you to be disabled. They might also be able help you obtain the medical records needed to support your claim.