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

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. You need an attorney who is licensed to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health issues related to a fatal air carrier collision has won an important victory. But it comes with the cost of.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to the records obtained by Monk as well as 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 over the past three decades.

Monk, a former psychiatrist, says that discrimination at the hands of VA has led him, and other black vets, to suffer in a way that has affected their health, home life, employment, and education. He wants the VA to reimburse him for benefits they have denied him and to change 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 by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black veterans disability lawyers 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. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit provides evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle and helped move equipment and troops into combat zones. He was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" prevented him from receiving loans for homes, tuition aid and other benefits.

He filed a lawsuit against the military to reverse the discharge, and was awarded a wide range of benefits in 2015 and 2020. However, he claims the VA still owes him money due to his past denials of disability compensation. He also suffered emotional trauma from reliving some of his most traumatic memories in each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and asks the court to require the VA to examine 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 address discrimination that has been in place for years against sexual assault survivors.

Alimony Discrimination

The veterans who were in uniform or accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce financial issues. One of the most common myths is that veterans can have their VA compensation seized to pay alimony or child support orders in state courts. This isn't the case. Congress carefully crafted the law found in Title 38, U.S. Code to shield veterans disability law firms' compensation from claims of creditors and family members other than alimony and child support.

Conley Monk, a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later was discharged that was not honorable as he was battling two times due to 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 services at an rate that was much higher than his white peers. 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 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 reviews claims for benefits if the claimant is dissatisfied with to a decision of the agency. It is important to appeal a decision as soon as you can. A lawyer with experience in veteran disability appeals will help you ensure that your appeal is compliant with all the requirements and that it gets a fair hearing.

A qualified lawyer can review the evidence used to prove your claim, and should it be necessary, present new and additional evidence. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This can be an important benefit in your appeals.

One of the most frequent reasons that a veteran's claim for disability is rejected is because the agency has not correctly defined their condition. An experienced attorney will ensure that your condition is properly classified and rated, allowing you to obtain the benefits you require. A qualified lawyer will be able to work with medical experts to provide additional evidence of your medical condition. A medical professional, for example, may be able to prove that the pain you are experiencing is due to your service-related injury, and is disabling. They may also be able to help you get the medical records that are required to support your claim.