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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits as a source of cash. This is why you need an attorney with the right qualifications to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier collision has won a major victory. However, it comes with a huge price tag.

Class Action Settlement

According to a lawsuit filed on Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a retired psychiatrist, has claimed that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, their home lives work, education, and employment. He is requesting that the VA pay him back for benefits that it has taken him out of, and to modify its policies regarding race, discharge status and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data 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. This data showed that Black veterans were statistically less likely to receive the right to claim disability benefits than white veterans between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans disability law firms. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims submitted by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. He ended up in two fights with fellow Marines which he blamed on his PTSD and was given a less-than-honorable military discharge in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. He also suffered a lot of emotional trauma from reliving the most traumatic memories with each application and re-application to receive benefits, the suit claims.

The lawsuit seeks financial damages and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to make it mandatory for the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our country in uniform or those who are their companions deserve truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the most common misconceptions is that the state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not true. Congress carefully designed the law found in Title 38, U.S. Code, to protect veterans' compensation from claims of creditors and family members with the exception of alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, transferring equipment and troops out of conflict zones. He was awarded several medals, however his discharge was less than honorable due to the fact that the two battles he endured were due to undiagnosed post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a greater rate than his white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of and failed to deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing the decision, it is essential to do so immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted an appropriate hearing.

A lawyer who is qualified can examine the evidence used to justify your claim and present additional evidence, in the event of need. A lawyer will also know the difficulties involved in dealing with the VA, and this can create a higher level of understanding for your situation. This can be an important advantage in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is rejected is because the agency has not correctly classified their condition. A lawyer with experience can ensure that your condition is classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will be able of working with medical professionals to provide additional proof of your condition. A medical expert could, for instance, be able to demonstrate that your pain is due to your service-related injury and that it is disabling. They might also be able to assist you obtain the medical records required to support your claim.