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 as a source of cash. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly aircraft carrier crash has clinched an important victory. But it comes with a hefty cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is much higher than white veterans. Conley Monk is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much greater rate than white veterans over the past three decades, according to agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, has claimed that discrimination from VA has caused him, as well as others of black veterans, to suffer in a way that has affected their health, their home lives work, education, and employment. Monk wants the VA to compensate him for benefits that it has taken him out of and veterans disability lawsuits to change its policies regarding race discharge status, discharge status, and denial rates.

Last 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 lawyer 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 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is led by a former Marine Corps veteran who was denied access to housing as well as education benefits for decades, despite when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically rejected claims submitted by Black Veterans in a disproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of equipment and troops into combat zones. He was eventually involved in two battles which he blamed on his PTSD. In 1971, he was awarded an unjust discharge that was less than acceptable. This "bad paper" did not allow him to get the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military in order to revers the discharge and was awarded full benefits in 2015 and 2020. However, he says the VA still has to pay him for his previous denials of disability compensation. The suit also claims that he was emotionally damaged by the repetition of his most traumatizing experiences with every application for benefits.

The lawsuit seeks monetary damages and asks the court's order for the VA to review its systemic PTSD discrimination. This is the latest attempt by groups like the ACLU and Service Women's Action Network to force the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Those who have served our country in uniform or those who accompany them deserve honest answers about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation seized in order to pay alimony or child support orders in state courts. This is not the case. Congress carefully designed Title 38 of the U.S. Code to protect veterans' payments against claims from family members and creditors, except for child support and alimony.

Conley Monk, a devoted volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights that were caused by undiagnosed PTSD. It was a long and lengthy process to convince the VA to accept disability compensation.

He was denied benefits at an amount that was significantly higher than white people. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. The lawsuit claims that the VA was aware of but did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and Veterans Disability Lawsuits other veterans.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if the applicant is not satisfied with to a decision of the agency. It is important to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A qualified lawyer will be able to review the evidence that was used to justify your claim and present additional evidence and documentation if necessary. A lawyer who knows the VA's challenges can be more sympathetic to your situation. This can be a huge asset in your appeals process.

A claim for disability from a veteran is usually denied due to the agency did not accurately describe their condition. A skilled attorney will ensure that your condition is correctly classified and rated, which will allow you to obtain the benefits you need. A qualified lawyer will be able to work with medical experts to provide additional evidence of your condition. A medical expert could, for instance, be able to demonstrate that your pain is caused by your service-related injury, and is debilitating. They may be able to assist you in getting the medical records you require to prove your claim.