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

Veterans with disabilities are often victimized by lawyers who use their benefits to make a profit. You should hire an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental conditions linked to an aircraft carrier collision which killed dozens has won a major victory. However, it comes at a price.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to records obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a retired psychiatric nurse, claims that discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, homes work, Veterans Disability Compensation education and employment. Monk wants the VA to reimburse him for benefits that it has taken him out of, Veterans Disability Compensation and to modify its policies regarding race discharge status, discharge status, and 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 filed on behalf of National Veterans Council for Legal Redress and the Black veterans disability case Project. The results showed that Black veterans disability compensation were statistically less likely to be granted a disability claim than white veterans between 2001 and 2020. The average denial rate for black veterans disability attorneys was 6.3% higher than for white veterans.

Discrimination is based on PTSD

The veterans disability lawsuit Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have repeatedly rejected claims submitted by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still is owed money for his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks monetary damages and asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who accompany them need truthful answers regarding veterans disability compensation and its effect on money issues in divorce. One of the most common misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a rate significantly higher than white people. 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, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with an opinion of the agency. It is important to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an equitable hearing.

A qualified lawyer is able to examine the evidence used to justify your claim and present additional evidence should it be required. The lawyer will also be aware of the difficulties involved in dealing with the VA and can lead to a greater level of empathy for your circumstance. This can be an important advantage in your appeals.

A veteran's claim for disability is often denied because the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A qualified lawyer will also be able of working with medical specialists to provide additional evidence of your situation. A medical professional for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and is disabled. They may also be able assist you in obtaining the medical records needed to support your claim.