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

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. You should hire an attorney who is certified to deal with VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental conditions linked to an aircraft carrier collision that killed a number of people has a huge victory. But it comes at a price.

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, according to a lawsuit filed on Monday. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a much higher rate than those of 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 psychiatric nursing, veterans disability lawsuits claims that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, home life as well as their employment and education. He would like the VA to reimburse him for benefits that it has denied him and to change their policies regarding 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 disability attorney Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim 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 due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the 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 been diagnosed with PTSD. The suit cites evidence that VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a bullet-ridden transport vehicle, and was a part of the team that moved troops and equipment into combat zones. He eventually got into two fights with fellow Marines that he blamed on his PTSD and was given an unworthy military discharge in 1971. This "bad paper" prevented him from getting home loans as well as tuition aid and other benefits.

He sued the military to revers the discharge and was awarded full benefits both in 2015 and 2020. But, he claims that the VA still has to pay him for his previous denials of disability compensation. He also suffered emotional harm as he relived some of his most traumatic memories through each application and re-application, the suit states.

The lawsuit seeks monetary damages and also to orally order the VA to look into the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Veterans Disability Lawsuits Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served their country in uniform or those who are their companions deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that the state courts can take away veterans' VA compensation to pay for child support and alimony. It's not true. Congress carefully crafted the law that is found in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors other than alimony and child support.

Conley Monk decided to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but later the discharge he received was less than honorable due to the fact that there were two battles due to undiagnosed post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and winding road.

He was denied benefits at a much more frequent rate than his white counterparts. The discrimination was racial 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. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when a claimant disagrees an assessment made by the agency. It is essential to appeal a decision as soon as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an appropriate hearing.

A competent lawyer will review the evidence that supports your claim, and when necessary, submit additional evidence. The lawyer will also be aware of the challenges involved in dealing with the VA and can increase the level of understanding for your situation. This can be a huge advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. An experienced attorney can make sure that your condition is properly classified and rated, which will allow you to receive the benefits you require. A professional attorney will also be able work with medical experts to provide additional evidence of your situation. A medical professional could, for instance, be able show that your pain is due to your service-related injury and that it is disabled. They may assist you obtain the medical records required to prove your claim.