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

Attorneys who profit from disabled veterans to earn money often use their benefits. You need an attorney that is licensed to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic disorders, schizophrenia 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 an expense.

Class Action Settlement

The Department of veterans disability lawsuit Affairs has consistently discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in 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, he claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He is requesting that the VA reimburse him for benefits he was deprived of and to change its policies regarding race as well as discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive the right to claim disability benefits 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 due to PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved equipment and troops into combat zones. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he received an unjust discharge that was not acceptable. The "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he claims the VA still is owed money for his past denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of his most painful experiences on each application for benefits.

The lawsuit seeks financial damages, and wants the court to direct the VA to examine 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 confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

The veterans who were in uniform, or those who accompanied them, ought to be aware of the truth about veterans disability benefits and their impact on divorce financial issues. One of the most common myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments from claims brought by creditors and family members, except for child support and alimony.

Conley Monk, a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded numerous medals, but then the discharge he received was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. The fight for the VA to accept his claim for disability compensation was a long and arduous path.

He was denied benefits at a higher rate than white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

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. It is essential 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 gets an appropriate hearing.

A lawyer with experience can look over the evidence that supports your claim and, if necessary, submit new and additional proof. A lawyer who is knowledgeable about the VA's issues can be more sympathetic to your situation. This can be an invaluable advantage during your appeals procedure.

One of the main reasons a veteran's disability claim can be denied is because the agency has not properly defined their condition. A lawyer with experience 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 to collaborate with medical experts to provide additional evidence of your condition. A medical expert is one example. They may be able show that your pain is a result of your service-related injury, and is in a way limiting. They may also be able assist you in getting the medical evidence you need to prove your claim.