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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a cash cow. This is why you need a attorney who is accredited to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions linked to a fatal air carrier collision has won an important victory. However, it comes with a significant cost.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, according to a lawsuit filed Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the last three decades.

Monk, who is a retired psychiatric nurse, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He wants the VA to compensate him for the benefits they have denied him and to amend their policies on race, 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 by way of Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit is filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have rejected claims submitted by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of equipment and troops into combat zones. He was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was not acceptable. This "bad paper" hindered him from receiving aid for tuition, home loans 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 2020. However, he claims the VA still is owed money for his previous denials of disability compensation. The suit claims that he suffered emotional harm by reliving his most traumatizing experiences with each application for benefits.

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

Alimony Discrimination

Those who served 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-related money issues. One of the most popular myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is not the case. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims by family members and creditors, except for child support and alimony.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. Monk was awarded several medals in recognition of his service, but was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. According to the lawsuit filed on his behalf by the National veterans disability Lawsuit Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. The lawsuit claims that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with an opinion of the agency. It is important to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and receives an equitable hearing.

A qualified lawyer will be able to review the evidence that was used to support your claim and submit additional evidence when needed. The lawyer will also understand the difficulties of dealing with the VA and can create a higher level of empathy for your circumstance. This can be a huge advantage during your appeals procedure.

A veteran's claim for disability is often denied because the agency did not accurately describe their condition. A qualified attorney can ensure that your condition is properly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able to work with medical experts to provide additional proof of your condition. A medical professional could, for instance, be able prove that the pain you are experiencing is due to your service-related injury and that it is disabled. They might be able assist you in getting the medical records you require to support your claim.