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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 often rely on their benefits. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered schizophrenia, post-traumatic disorder and other mental illnesses related to an aircraft carrier crash that killed dozens of people has a huge victory. But it comes with a substantial price tag.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans disability Attorney during the last three decades.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home or work and education. He would like the VA to reimburse him for the benefits that it has denied him and to amend their policies regarding race and discharge status as well as 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 made on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black veterans disability lawyer were statistically less prone to be granted an application for disability than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit is led 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 cites evidence indicating that VA officials have denied claims filed by Black Veterans disproportionately.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets and assisting in the transportation of equipment and troops to combat zones. Conley Monk was later involved two fights which he blamed on his PTSD. In 1971, he was given a discharge that was not an honorable. This "bad paper" kept him from receiving loans for homes or tuition aid, as well as other benefits.

He filed a lawsuit against the military to revers the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money for his previous denials of disability compensation. The suit claims that he was emotionally damaged by the repetition of the most painful memories with each and every application for benefits.

The lawsuit seeks monetary damages, and wants the court to order the VA to review its systemic PTSD discrimination. This is the latest initiative by groups like the ACLU and Service Women's Action Network to get 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 those who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the most commonly held misconceptions is that the state courts can confiscate veterans' VA compensation to pay for child support and alimony. This is not true. Congress carefully designed the law in Title 38, U.S. Code to protect veterans' benefits from claims of family members and creditors in the case of alimony or child support.

Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but he received a discharge that was less than honorable because he was battling two times due to undiagnosed post-traumatic stress disorder. His battle for the VA to approve his claim for disability compensation was a long and difficult road.

He was denied benefits at a higher rate than his white counterparts. The discrimination was racial and pervasive, according 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 claims that the VA knew about and failed to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees a decision made by the agency. It is crucial to appeal a decision as quickly as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and receives an appropriate hearing.

A licensed lawyer will be able to review the evidence used to support your claim and submit additional evidence, in the event of need. A lawyer will also know the difficulties of dealing with the VA and this could create a higher level of understanding for your situation. This could be a great asset in your appeals process.

A veteran's claim for disability is usually denied due to the agency was not able to accurately describe their condition. A skilled attorney can make sure that your condition is properly classified and rated, allowing you to get the benefits you need. A qualified attorney will also be able work with medical experts to provide additional evidence of your medical condition. For example an expert in medical practice might be able prove that the pain you feel is due to your service-related injury and that it is disabling. They may also be able assist you in getting the medical records you require to prove your claim.