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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you should hire a attorney who is accredited to deal with VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has consistently 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 a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans during the past three decades.

Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He wants the VA to reimburse him for benefits it has not provided him, and to alter their policies on race, Veterans disability lawsuits 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 through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability lawyer Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led by an ex- Marine Corps veteran who was denied access to housing, Veterans Disability Lawsuits education, and other benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence indicating that VA officials have historically denied claims made by Black Veterans disproportionately.

Conley Monk decided to join in the Marines during the Vietnam War, driving a truck that was shot as well as helping to move equipment and troops to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" kept him from receiving home loans or tuition aid, as well as other benefits.

He sued the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. He also suffered severe emotional damage from having to relive the most traumatic 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's order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who are their companions deserve truthful information about the benefits for veterans and their impact on money issues in divorce. One of the most popular myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not true. Congress has carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of family members and creditors in the case of alimony or child support.

Conley Monk volunteered to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops from combat zones. Monk was awarded several medals in recognition of his work, but he was later issued a less-than-honorable discharge after getting into two fights caused by undiagnosed PTSD. The fight for the VA to approve his claim for disability compensation was a long and difficult journey.

He was denied access at an rate that was much higher than his white peers. This discrimination against Blacks was systematic and widespread, as per 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. It claims that the VA did not know about and failed to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans like Monk.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with a decision made by the agency. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A lawyer with experience can look over the evidence used to prove your claim, and should it be necessary, present new and additional evidence. A lawyer who knows the VA's challenges can be more understanding of your circumstances. This could be a great advantage in the appeals process.

One of the most frequent reasons why a claim for disability benefits from a veteran is rejected is because the agency has not properly described their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical professionals to provide additional evidence of your situation. A medical expert is one example. They may be able show that your pain is caused by your service-related injury and is disabling. They might also be able to help you obtain the medical records required to prove your claim.