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

Attorneys who exploit disabled veterans to earn money often use their benefits. This is why you require an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic disorder and other mental ailments related to an air carrier crash that claimed the lives of dozens has won a major victory. However, it comes at cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a higher rate than white veterans over the past three decades.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. He wants the VA to reimburse him for the benefits it has not provided him, and to modify their policies regarding race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for veterans disability lawyers of color was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have previously denied claims made by Black veterans in adisproportionate manner.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and helping to transport troops and equipment to battle zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD and was issued an unhonorable military discharge in 1971. The "bad paper" did not allow him to get home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on each and every application for benefits.

The lawsuit seeks financial compensation and asks the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform, or who are their companions deserve truthful answers regarding the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is not the case. Congress carefully crafted the law found in Title 38, U.S. Code to protect veterans' funds from claims of creditors and family members in the case of alimony or child support.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals for his service, but he was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. His battle for the VA to grant his claim for disability compensation was a long and arduous journey.

He was denied access at the rate of significantly more than white people. According to the lawsuit filed 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 claims that the VA knew about and did not take action to address decades of discrimination against Black veterans. It seeks redress for Monk and other veterans who are like Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. If you're thinking of appealing the decision, it is essential to do so as soon as possible. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is compliant with all the requirements and that it is heard in a fair manner.

A lawyer who is qualified can examine the evidence used to back your claim and provide additional evidence and documentation in the event of need. A lawyer who is knowledgeable about the VA's challenges can be more understanding of your situation. This can be a significant benefit to your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. A lawyer with experience will ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you require. A reputable lawyer will also be able to work with medical specialists to provide additional proof of your health condition. A medical expert is one example. They may be able to prove that your pain is a result of your service-related injury, and is disabled. They may also be able assist you in getting the medical records you require to prove your claim.