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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 to make a profit. This is why you need an attorney that is certified to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a deadly aircraft carrier collision has won a major victory. But it comes with a hefty cost.

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 disability lawyers, 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. Monk claims that VA has denied his disability claims at a more frequent rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatric nursing, claims that discrimination by VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. He is requesting that the VA compensate him for benefits he was deprived of and to change its policies on race as well as discharge status and 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, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3 percent higher for veterans of color than for white veterans.

PTSD Discrimination

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. That "bad paper" hindered him from receiving mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA owes money for past denials of disability benefits. The suit claims that he was emotionally damaged by the repetition of his most traumatizing experiences with each application for benefits.

The lawsuit seeks monetary damages and also asks the court's order for the VA to examine its systemic PTSD discrimination. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served their country in uniform or who are their companions deserve truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the biggest misconceptions is that courts in the state can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans from claims made by family members and creditors, except for child support and alimony.

Conley Monk was a volunteer to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from the combat zones. He was awarded several medals, however his discharge was not honorable as the two battles he endured were due to undiagnosed post-traumatic stress disorder. The battle to get the VA to accept his claim for disability compensation was a long and winding route.

He was denied benefits at a much more frequent rate than his white counterparts. This discrimination against blacks was widespread and widespread, as per the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when the claimant is dissatisfied with a decision made by the agency. It is crucial to appeal a decision as swiftly as you can. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal is compliant with all requirements and you are given a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, if needed, provide new and additional evidence. A lawyer who understands the VA's challenges can be more understanding of your circumstance. This can be a significant benefit in your appeals.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you're entitled to. A qualified attorney will be able work with medical experts to provide additional proof of your medical 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 disabled. They may also be able help you get the medical records required to support your claim.