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

Attorneys who exploit veterans with disabilities to make money often use their benefits. This is why you require an attorney with the right qualifications to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a fatal aircraft carrier collision has won an important victory. However, it comes with a hefty cost.

Class Action Settlement

The Department of Veterans Affairs has systematically discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, according to the lawsuit filed on Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He claims that VA has denied his disability claims at a much more frequent 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 who is an a retired psychiatric nurse says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, home as well as their education, employment and home. He demands that the agency repay him for the benefits it has deprived him of and to alter its policies on race as well as discharge status and denial rates.

Last 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 Council for Legal Redress and the Black Veterans Project. This data showed that Black veterans were statistically less likely to be granted an application for disability than white veterans between 2001 to 2020. The average denial rate for black veterans disability lawyer was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

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

Conley Monk was a member of 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. Conley Monk was later involved two battles that he blamed on his PTSD. In 1971, he was awarded a discharge that was less than acceptable. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military to rescind his discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money due to his previous denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of his most painful experiences on every application for benefits.

The lawsuit seeks financial compensation and seeks the court to direct the VA to examine its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most popular myths is that veterans may have their VA compensation garnished to pay child support or alimony orders in state courts. This isn't the case. Congress has carefully crafted the law contained in Title 38, U.S. Code to protect veterans' compensation from claims of creditors and family members in the case of alimony or child support.

Conley Monk, who was a volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and veterans disability lawsuits troops out of combat zones. He was awarded numerous medals for his work, but he was later awarded a less than honorable discharge after he was involved in two fights that were caused by undiagnosed PTSD. It was a long, difficult road to get the VA to accept disability compensation.

He was denied benefits at a much greater rate than his white counterparts. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this discrimination against blacks was systematic and widespread. It asserts that the VA was aware of but did not deal with decades-long discrimination against Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is crucial to appeal a decision as quickly as you are able. A lawyer with experience in appeals for disabled veterans can help you ensure that your appeal is in line with all the requirements and that it gets a fair hearing.

A lawyer who is qualified can examine the evidence used to back your claim and provide new and additional evidence when needed. A lawyer will also know the difficulties involved in dealing with the VA and could increase the level of empathy for your circumstance. This can be an important benefit in your appeals.

One of the main reasons why a claim for disability benefits from a veteran is denied is due to the agency has not properly characterized their condition. A qualified lawyer can ensure that your condition is classified and rated properly, which will allow you to receive the benefits you deserve. A reputable lawyer will also be able to work with medical experts to provide additional evidence of your situation. A medical professional, for example, may be able to demonstrate that your pain is due to the injury you sustained while working and is disabled. They may also be able assist you in getting the medical records required to support your claim.