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. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won a major victory. But it comes with a hefty price tag.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims in a manner that is significantly higher than white veterans disability attorney. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. Monk claims VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, as per agency records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, and other black vets to suffer in a way that has affected their health, home life work, education, and employment. He is requesting that the VA reimburse him for the benefits they have 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 that they made on behalf of the National Veterans Council for Legal Redress and veterans Disability attorney 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. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination in PTSD

The veterans disability law firm Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit is filed by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, despite though he suffered from undiagnosed post-traumatic stress disorder (PTSD). The suit cites evidence that suggests that VA officials have historically denied claims filed by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during 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 awarded 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 to reverse the discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still has to pay him for his past denials of disability compensation. He also suffered severe emotional harm as he relived some of his most painful memories in each application and re-application for benefits, the suit states.

The lawsuit seeks financial damages and wants the court require the VA to examine the systemic PTSD bias. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to force the VA to confront discrimination that has been in place for decades against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who are their companions deserve truthful answers regarding the veterans disability compensation and its effect on money issues in divorce. One of the biggest myths is that the state courts can garnish veterans' VA compensation to pay for child support and alimony. This is simply not true. Congress carefully crafted the law in Title 38, U.S. Code, to protect veterans' benefits from claims of creditors and family members with the exception of alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later the discharge he received was not a prestigious one because he had two fights because of a post-traumatic stress disorder. The battle to get the VA to approve his claim for disability compensation was a long and winding path.

He was denied benefits at a higher rate than his white peers. The discrimination was racial and pervasive, according to the lawsuit brought on behalf of him by the National veterans disability law firm Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit asserts that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if a claimant disagrees to a decision of the agency. It is important to appeal a decision as quickly as you are able. A veteran disability lawyer can help ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A qualified lawyer is able to examine the evidence used to back your claim and provide new and additional evidence when needed. The lawyer will also be aware of the difficulties of dealing with the VA and can lead to a greater level of empathy for your situation. This could be a valuable asset in your appeals process.

A veteran's claim for disability is usually rejected because the agency did not accurately describe their condition. A qualified lawyer can ensure that your condition is classified and rated correctly, thus granting you to get the benefits you're entitled to. A qualified attorney will also be able to collaborate with medical professionals to provide additional proof of your health condition. A medical professional, for example, may be able to demonstrate that your pain is a result of your service-related injury, and is disabling. They might assist you obtain the medical records that are required to prove your claim.