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

Veterans with disabilities are frequently victimized by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney that is certified to manage VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental ailments related to an aircraft carrier collision that killed dozens of people has won a significant victory. But it comes with cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old 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 higher rate than those of white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nursing, claims that discrimination at the hands of VA has led him, and others of black veterans, to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA compensate him for the benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request, which they submitted on behalf of National Veterans Council for Legal Redress as well as the Black veterans disability lawsuit Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 to 2020. Additionally, the average denial rate was 6.3 percent 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, as per a lawsuit filed on Monday. The suit was filed by an ex- Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and was a part of the team that moved equipment and troops into combat zones. He was later involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He sued the military to reverse the discharge, and received a full range of benefits in 2015 and 2020. However, he says the VA still owes him money for the denials he received in the past of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatic memories with each application and re-application to receive benefits, the suit claims.

The lawsuit is seeking monetary damages and also to orally order the VA to review systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to address discrimination that has been in place for years against victims of sexual assault.

Alimony Discrimination

Veterans who have served our country in uniform or those who accompany them need honest answers about veterans disability compensation and its impact on money issues in divorce. One of the biggest misconceptions is that state courts are able to take away veterans' VA compensation to pay for alimony and child support. This is not true. Congress has carefully designed Title 38 of the U.S. Code to protect the payment of veterans from claims brought by creditors and family members, except for alimony and child support.

Conley Monk, who was a 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 service, but was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The battle to get the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied access at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National Veterans Council for veterans disability lawsuits Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and did not address decades-long discrimination against Black veterans. It seeks justice for Monk and other veterans like Monk.

Appeal

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 important that you do so as soon as you can. A lawyer with experience in appeals for veterans disability can assist you in ensuring that your appeal meets all the requirements and that it gets a fair hearing.

A licensed lawyer is able to examine the evidence that was used to back your claim and provide additional evidence should it be required. A lawyer will also know the difficulties of dealing with the VA and this could increase the level of understanding for Veterans Disability Lawsuits your situation. This can be an important benefit in your appeals.

A claim for disability from a veteran is usually rejected because the agency did not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated properly, which will allow you to get the benefits you're entitled to. A reputable lawyer will also be able to consult with medical specialists to provide additional evidence of your health condition. For example medical experts might be able prove that the pain you experience is due to your service-related injury and that it is causing impairment. They may also be able assist you in getting the medical records you require to prove your claim.