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

Veterans with disabilities are often taken advantage of by lawyers who use their benefits to make a profit. You should hire an attorney who is licensed to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health conditions related to a deadly aircraft carrier collision has won an important victory. However, it comes with a substantial cost.

Class Action Settlement

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

Monk, a retired psychiatrist, says that discrimination from VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life, employment, and education. He wants the agency to reimburse him for benefits that it has taken him out of and to change its policies on race, 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 through Freedom of Information Act requests, which they filed 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 be granted an application for disability than white veterans between 2001 and 2020. Additionally, the average denial rate was 6.3% higher for black veterans than it was for white veterans.

Discrimination is based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for a long time, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically rejected claims filed by Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" prevented him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit claims that he also suffered emotional harm by reliving his most traumatic experiences with each application for benefits.

The lawsuit seeks financial damages and wants the court order the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform, or who are their companions deserve truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay child support or alimony orders in state courts. It's not true. Congress carefully designed the law found in Title 38, U.S. Code to shield veterans' compensation from claims of creditors and family members except for alimony or child support.

Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his work, but he was later given a less-than-honorable discharge after he was involved in two fights triggered by undiagnosed PTSD. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a higher rate than his white counterparts. This racial discrimination was systemic 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. It 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's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. If you are considering appealing a decision, it is crucial to file an appeal as soon as you can. An experienced lawyer in appeals to veterans' disability cases can assist you in ensuring that your appeal is in line with all the requirements and that it receives a fair hearing.

A licensed lawyer can examine the evidence used to justify your claim and present additional evidence, if necessary. The lawyer will also understand the difficulties of dealing with the VA, and this can lead to a greater level of empathy for your situation. This can be an invaluable benefit in your appeals process.

One of the primary reasons that a veteran's claim for disability is denied is because the agency has not correctly defined their condition. A qualified attorney can ensure that your condition is correctly classified and rated, allowing you to claim the benefits you require. A professional attorney will also be able work with medical experts to provide additional proof of your health condition. A medical professional is one example. They may be able to prove that the pain you are experiencing is due to your service-related injury, and is debilitating. They might assist you obtain the medical records needed to support your claim.