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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 as a source of cash. You need an attorney that is licensed to handle VA claims.

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

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans over the past three decades, as per the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, who is an psychiatric nurse who retired, says that the discrimination by the VA has caused him and other black veterans to be affected in ways that have impacted their health, homes as well as their education, employment and home. He wants the agency to repay him for the benefits that it has taken him out of and to alter its policies regarding race discharge status, discharge status and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These data showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans disability attorneys.

Discrimination in PTSD

According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing as well as education benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and helped move troops and equipment into combat zones. Conley Monk was later involved two fights, which he attributed to his PTSD. In 1971, he was given a discharge that was not honourable. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military to reverse the discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. He also suffered significant emotional trauma from reliving some of his most traumatic memories with each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform, or who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the most common myths is that veterans can get their VA compensation garnished in order to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law in Title 38, U.S. Code, to protect veterans' compensation 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-riddled transport vehicles, moving equipment and troops out of conflict zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit asserts that the VA was aware of and did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you're thinking of appealing a decision, it is important that you do so immediately. An experienced lawyer in appeals for veterans disability can help ensure that your appeal meets all the requirements and that it receives a fair hearing.

A lawyer who is qualified can review the evidence that was used to prove your claim and then submit additional evidence should it be required. A lawyer will also know the difficulties of dealing with the VA and this could create a higher level of empathy for the situation. This can be a valuable benefit 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 qualified attorney can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A qualified attorney will be able to work with medical professionals to provide additional proof of your condition. For example an expert in medicine could be able to prove that the pain you feel is a result of your service-connected injury and that it is causing impairment. They may also be able assist you in getting the medical records you require to support your claim.