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

Attorneys who profit from disabled veterans to earn money often rely on their benefits. This is why you require an attorney who is licensed to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to an aircraft carrier crash that killed a number of people has won a major victory. But it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying 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 during the Vietnam War, is the plaintiff in the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, an psychiatric nurse who retired, says that the discrimination by the VA has caused him and lawsuit other black veterans to suffer in ways that have affected their health, home, employment and education. He would like the VA to pay him back the benefits it has denied him, and to modify 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 data last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have previously rejected claims submitted by Black manchester veterans disability law firm in adisproportionate way.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to stop 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 trauma from reliving some of his most traumatic memories through each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and seeks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA to confront discrimination that has been in place for decades against survivors of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied those who served in the military, need to know the truth about veterans disability benefits and their impact on divorce money issues. One of the biggest myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' compensation from claims of family members and creditors except for alimony or 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 numerous medals, but later he received a discharge that was not honorable as he had two fights due to an undiagnosed post-traumatic disorder. It was a long and winding road for lawsuit him to get the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white peers. This discrimination against Blacks was systematic and widespread, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks redress for Monk and other veterans similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. It is crucial to appeal a decision as quickly as you are able. A lawyer who is experienced in veteran disability appeals can assist you in ensuring that your appeal complies with all the requirements and you are given a fair hearing.

A licensed lawyer is able to examine the evidence used to prove your claim and then submit additional evidence should it be required. The lawyer will also be aware of the challenges involved in dealing with the VA and this could lead to a greater level of empathy for your situation. This can be an invaluable asset in your appeals process.

One of the primary reasons that a veteran's claim for disability is denied is because the agency hasn't properly described their condition. A lawyer with experience can ensure that your condition is properly classified and rated, allowing you to claim the benefits you need. A professional attorney will also be able to work with medical experts to provide additional proof of your health condition. For example medical experts may be able to show that the pain you are experiencing is a result of your service-connected injury and that it is causing impairment. They may assist you obtain the medical records required to prove your claim.