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

Veterans with disabilities are frequently exploited by attorneys who use their benefits as a way to earn money. This is the reason you need an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier collision has won an important victory. But it comes with an expense.

Class Action Settlement

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

Monk who is an psychiatric nurse who retired, claims that discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, home work, education and employment. He demands that the agency compensate him for benefits it has deprived him of and to change its policies on race as well as discharge status and denial rates.

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

Discrimination against PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing and education as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence indicating that VA officials have denied claims made by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as an unpaid volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and helped move troops and equipment into combat zones. He was later involved in two fights with fellow Marines that he blamed on his PTSD, and received an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatic memories each time he applied and re-application to receive benefits, the suit says.

The lawsuit seeks monetary damages and also to require the VA to examine the systems-wide PTSD bias. It is the latest move by groups such as the ACLU and Service Women's Action Network to force the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their nation in uniform and those who accompany them require truthful answers regarding veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished to pay alimony or child support orders in state courts. It's not true. Congress carefully designed the law in Title 38, U.S. Code to shield veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals for his service, but was later issued a less-than-honorable discharge after he got involved in two fights triggered by undiagnosed PTSD. It was a long and lengthy process to get the VA to accept disability compensation.

He was denied benefits at a higher rate than white peers. This racial discrimination was systemic and widespread, as per the lawsuit filed on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It alleges that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks redress for Monk and other veterans like him.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you're thinking of appealing the decision, it is important to appeal immediately. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A lawyer who is qualified can review the evidence that was used to back your claim and provide additional evidence, when needed. The lawyer will also be aware of the challenges involved in dealing with the VA and can lead to a greater level of empathy for your circumstance. This could be a valuable advantage in the appeals process.

One of the most common reasons why a claim for disability benefits from a veteran is rejected is because the agency hasn't correctly defined their condition. A lawyer with experience can make sure that your condition is correctly classified and rated, which will allow you to receive the benefits you need. A lawyer who is qualified will be able of working with medical professionals to provide additional evidence of your health condition. For instance medical experts could be able to prove that the pain you feel is due to your service-related injury and is causing you to be disabled. They might assist you get the medical records required to support your claim.