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

Veterans with disabilities are frequently victimized by lawyers who use their benefits to make a profit. You need an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a deadly air carrier collision has won an important victory. But it comes with an expense.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly 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 records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans disability lawyers over the last three decades.

Monk, a retired psychiatrist, says that discrimination from VA has caused him, as well as other black vets to suffer in a manner that has affected their health, their home lives, employment, and education. Monk wants the VA to compensate him for benefits he was deprived of and to amend its policies on 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 via a Freedom of Information Act request that they submitted on behalf of 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 appeal for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit points to evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving equipment and troops into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. This "bad paper" prevented him from getting home loans, tuition aid and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered emotional harm as he relived some of his most traumatic memories with each application and re-application, the suit claims.

The lawsuit seeks damages in the form of money and seeks the court's order for the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Those who have served our country in uniform or who accompany them need truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans may have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors except for alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops from the combat zones. He was awarded several medals for his service, however he was later acquitted of a less honorable discharge when he got into two fights triggered by undiagnosed PTSD. The fight to get the VA to accept his claim for disability compensation was a long, winding road.

He was denied benefits at a much higher rate than his white peers. 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, the discrimination against Black veterans was systematic and widespread. It claims that the VA did not know about and failed to deal with decades of discrimination against Black veterans. It seeks to redress Monk and other veterans like him.

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. If you're thinking of appealing the decision, it is important that you do so as soon as you can. A veteran disability lawyer can ensure that your appeal fulfills all requirements and gets a fair hearing.

A licensed lawyer can examine the evidence that supports your claim and, should it be necessary, present new and additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and can increase the level of empathy for the situation. This could be a great advantage in your appeals.

A veteran's claim for disability is usually denied due to the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will also be able to work with medical experts to provide additional evidence of your condition. A medical expert for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and that it is debilitating. They may also be able to help you get the medical records required to prove your claim.