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

Veterans with disabilities are often victimized by lawyers who use their benefits as a source of cash. You need an attorney that is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental ailments related to an aircraft carrier collision that killed dozens of people has been awarded a significant victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a higher rate than white veterans, as per the 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. Monk claims that VA has denied his disability claims at a much 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 disability lawyers Legal Services Clinic.

Monk, a retired psychiatrist, says that discrimination by VA has led him, and other black vets to suffer in a manner that has affected their health, home life work, education, and employment. He would like the VA to pay him back the benefits that it has denied him, and to alter their policies regarding race, 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. The results showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans between 2001 to 2020. Additionally the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination in PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence to show that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle and helping move equipment and troops to combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than an honorable. The "bad paper" hindered him from receiving home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he claims the VA still is owed money for the denials he received in the past of disability compensation. He also suffered significant emotional trauma from reliving some of his most traumatizing memories in each application and re-application for benefits the suit says.

The lawsuit seeks financial damages and asks the court to order the VA to examine the the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them deserve honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the most commonly held misconceptions is that state courts are able to garnish veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to protect the payment of veterans against claims from family members and creditors with the exception of alimony and child support.

Conley Monk accepted a call to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He was awarded numerous medals for his service, but was later awarded a less than honorable discharge after he got involved in two fights caused by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied access at a rate significantly higher than white people. 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 knew about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. If you're thinking of appealing an agency decision, it's important that you do so in the earliest time possible. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is in line with all requirements and you are given a fair hearing.

A competent lawyer will review the evidence used to prove your claim and, when necessary, submit additional and more convincing evidence. A lawyer also knows the challenges of dealing with the VA and could create a higher level of empathy for the situation. This can be an invaluable advantage during your appeals procedure.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A qualified attorney can make sure that your condition is correctly classified and rated, allowing you to get the benefits you require. A qualified attorney will also be able to collaborate with medical professionals to provide additional evidence of your situation. For example medical experts might be able prove that the pain you suffer is due to your service-related injury and is causing you to be disabled. They may also be able help you get the medical records required to prove your claim.