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

Veterans with disabilities are often victimized by lawyers who use their benefits as a cash cow. This is the reason you need a attorney who is accredited to handle VA claims.

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

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, at a rate that is significantly 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, the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans disability law firm in the past three decades.

Monk, an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have impacted their health, homes as well as their education, employment and home. He wants the VA to reimburse him for benefits it has not provided him, and to modify their policies on race, discharge status, and 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 and the Black Veterans Project. The data revealed that Black Veterans were statistically less prone to be granted a claim for disability than white veterans disability attorneys between 2001 and 2020. In addition, the average denial rate was 6.3 percent higher for black veterans than it was for white veterans.

Discrimination against PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by an ex- Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a bullet-riddled transport vehicle as well as helping to move troops and equipment to battle zones. He was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than an honorable. This "bad paper" kept him from receiving home loans, tuition aid and other benefits.

He filed a lawsuit against the military in order to reverse the discharge and was awarded full benefits both in 2015 and 2020. However, he asserts that the VA still owes him money due to his past denials of disability compensation. The suit claims that he suffered emotional damage by reliving his most traumatic experiences with every application for benefits.

The lawsuit seeks financial compensation and asks the court to direct the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of those who served in the military, need to know the truth about veterans disability benefits and their influence on divorce money issues. One of the most common myths is that veterans can have their VA compensation garnished to pay child support or alimony orders in state courts. This is simply not true. Congress carefully crafted Title 38 of the U.S. Code to protect veterans' payments from claims by creditors and family members with the exception of alimony and child support.

Conley Monk, a volunteer 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, however was discharged that was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white peers. 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, the discrimination against Black veterans was systematic and Veterans disability Lawsuits widespread. The suit claims that the VA knew about and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and similar veterans.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that an applicant disagrees with a decision made by the agency. It is crucial to appeal a decision as swiftly as you can. A lawyer who is experienced in appeals for veterans disability can help you ensure that your appeal is in line with all the requirements and that it receives a fair hearing.

A lawyer who is qualified will be able to review the evidence that was used to justify your claim and present additional evidence and documentation should it be required. A lawyer who knows the VA's challenges can be more sympathetic to your circumstances. This can be a significant asset in your appeals.

One of the most frequent reasons that a veteran's claim for disability can be denied is because the agency has not correctly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated appropriately, giving you to receive the benefits you deserve. A qualified lawyer will also be able to work with medical professionals to provide additional evidence of your medical condition. A medical expert is one example. They may be able prove that your pain is due to your service-related injury and that it is in a way limiting. They might also be able help you obtain the medical records that are needed to support your claim.