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

Attorneys who profit from disabled veterans to earn money often use their benefits. This is why 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 crash has won a major victory. But it comes with a huge price tag.

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 is 74 years old and a Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans in the past three decades.

Monk, who is a retired psychiatric nurse, claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, home as well as their education, employment and home. He would like the VA to reimburse him for benefits it has not provided him, and to alter their policies regarding race, 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 that they made 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 the right to claim disability benefits than white veterans between 2001 to 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The lawsuit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence that VA officials have historically disproportionately 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. Monk was later involved in two fights that he blamed on his PTSD. In 1971, he received an unjust discharge that was less than honorable. This "bad paper" prevented him from getting home loans, tuition assistance and other benefits.

He filed a lawsuit against the military to rescind the discharge, and was awarded a range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. He also suffered significant emotional harm from reliving some of his most traumatizing memories with each application and re-application, the suit states.

The lawsuit is seeking monetary damages and seeks to have the court decide to require the VA to examine its systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against survivors of sexual assault.

Alimony Discrimination

Anyone who was in uniform, or those who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce financial issues. One of the biggest myths is that courts in the state can take away veterans' VA compensation to pay for alimony and child support. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to protect the veterans' compensation from claims by family members and creditors in the case of alimony and Veterans Disability Lawsuits child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded several medals, but was discharged that was less than honorable because there were two battles due to an undiagnosed post-traumatic disorder. It was a long, winding road for him to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. The discrimination was racial and pervasive, according to 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 asserts that the VA was aware of and failed to combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits when an applicant disagrees with to a decision of the agency. If you're thinking of appealing an appeal, it's essential to do so immediately. A veteran disability lawyer can help ensure that your appeal meets all requirements and is granted a fair hearing.

A licensed lawyer can examine the evidence used to prove your claim and, should it be necessary, present new and additional evidence. A lawyer who understands the challenges of the VA will be more sympathetic to your situation. This can be a valuable benefit in your appeals.

One of the most frequent reasons why a claim for disability benefits from a veteran is denied is due to the agency hasn't properly classified their condition. An experienced attorney can make sure that your condition is correctly classified and rated, which will allow you to claim the benefits you require. A qualified lawyer will be able to consult with medical specialists to provide additional evidence of your medical condition. For example an expert in medical practice could be able to prove that the pain you suffer is a result of your service-related injury and is disabling. They could be able to assist you in getting the medical records you require to prove your claim.