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

Attorneys who profit from disabled veterans to earn profits often make use of their benefits. This is why you should hire an attorney with the right qualifications to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a fatal aircraft carrier crash has clinched a major victory. However, it comes with the cost of.

Class Action Settlement

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

Monk, a former psychiatrist, has claimed that discrimination from VA has led him, and others of black veterans, to suffer in a manner that has affected their health, home life work, education, and employment. He is requesting that the VA repay him for the benefits it has deprived him of and to alter its policies on 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, which they submitted on behalf of 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 and 2020. The average denial rate for black veterans was 6.3% higher than for white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have rejected claims submitted by Black Veterans disproportionately.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move troops and equipment to combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from receiving loans for homes as well as tuition aid and other benefits.

He sued the military in order to revers the discharge and was awarded full benefits both in 2015 and in 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. He also suffered severe emotional trauma from reliving some of his most traumatic memories in each application and re-application for benefits, the suit claims.

The lawsuit seeks financial compensation, and wants the court to order the VA to examine its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to demand the VA to address the long-running discrimination against sexual assault survivors.

Alimony Discrimination

People who have served in the military or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest misconceptions is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed Title 38 of the U.S. Code to shield the veterans' compensation from claims by creditors and family members, except for child support and alimony.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals, but then he received a discharge that was not honorable as there were two battles because of a post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long and arduous route.

He was denied services at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It claims that the VA knew about and did not take action to deal with decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an opinion of the agency. It is essential to appeal a decision as fast as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives a fair hearing.

A lawyer with experience can look over the evidence to support your claim, and if needed, provide additional and more convincing evidence. A lawyer also knows the challenges involved in dealing with the VA and this could increase the level of empathy for your circumstance. This could be a great asset in your appeals process.

One of the primary reasons that a veteran's claim for disability is rejected is because the agency has not properly described their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to receive the benefits you require. A qualified attorney will be able to work with medical professionals to provide additional evidence of your condition. A medical professional, for example, may be able show that the pain you are experiencing is due to your service-related injury and is disabled. They might also be able to help you obtain the medical records needed to support your claim.