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

Attorneys who profit from veterans with disabilities to make profits often make use of their benefits. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a fatal aircraft carrier collision has won an important victory. But it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in 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 greater rate than white veterans over the last three decades.

Monk, a retired psychiatric nursing, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a way that has affected their health, their home lives work, education, and employment. He wants the agency to repay him for the benefits that it has taken him out of, and to modify its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive a disability claim than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination is based on PTSD

According to a lawsuit filed Monday, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing as well as education benefits, among others despite having been diagnosed with PTSD. The suit cites evidence to show that VA officials have historically rejected claims filed by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove an armored transport vehicle and helped move troops and equipment into combat zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honorable. The "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is liable for past denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most painful experiences on each application for benefits.

The lawsuit seeks monetary damages and seeks the court's order for the VA to review 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 to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform or who accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that state courts are able to confiscate veterans' VA compensation to pay for child support and alimony. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims by creditors and family members in the case of child support and alimony.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a much higher rate than white peers. 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 racial discrimination was systemic and widespread. It claims that the VA was aware of and failed to combat decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with to a decision of the agency. It is crucial to appeal a decision as swiftly as you are able. A lawyer with experience in appeals for disabled veterans disability attorneys can help you ensure that your appeal complies with all requirements and you are given a fair hearing.

A licensed lawyer will be able to review the evidence used to back your claim and provide new and additional evidence should it be required. A lawyer who is knowledgeable about the VA's issues can be more understanding of your situation. This could be a great asset in your appeals.

One of the primary reasons that a veteran's claim for disability is denied is due to the agency hasn't properly described their condition. A skilled attorney can ensure that your condition is correctly categorized and rated, allowing you to obtain the benefits you need. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your medical condition. A medical professional could, for instance, be able prove that your pain is caused by the injury you sustained while working and is disabling. They may be able to assist you in obtaining the medical records needed to support your claim.