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

Attorneys who profit from disabled veterans to make money often rely on their benefits. You should hire an attorney who is certified to handle VA claims.

A Connecticut veteran who was suffering from schizophrenia post-traumatic disorder, schizophrenia and other mental illnesses related to an air carrier crash that killed a number of people has been awarded a significant victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by 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 during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a greater rate than white veterans in the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

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, home work, Veterans Disability Lawsuits education and employment. He wants the VA to reimburse him for benefits it has not provided him, and to alter their policies regarding race and discharge status as well as 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 disability attorney 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. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The lawsuit is led by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately denied claims from Black veterans.

Conley Monk signed up to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping to transport troops and equipment to combat zones. He ended up in two fights with fellow Marines that he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He filed a lawsuit against the military to reverse the discharge and was awarded full benefits both in 2015 and in 2020. However, he says the VA still owes him money for his past denials of disability compensation. The suit claims that he also was emotionally damaged by the repetition of the most painful memories with every application for benefits.

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

Alimony Discrimination

Veterans who have served our country in uniform or who are their companions deserve truthful answers regarding the veterans disability compensation and its influence on the financial aspects of divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed Title 38 of the U.S. Code to safeguard the payment of veterans against claims from family members and creditors, except for child support and alimony.

Conley Monk accepted a call to serve his country. He spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, however his discharge was less than honorable because he had two fights caused by undiagnosed post-traumatic stress disorder. His battle for the VA to accept his claim for disability compensation was a long and arduous journey.

He was denied benefits at a higher rate than white counterparts. This racial discrimination was systemic 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. The suit claims that the VA knew about and failed to take action to end decades of discrimination against Black veterans. It seeks to redress Monk and other veterans similar to Monk.

Appeal

The VA's Board of Veterans Appeals reviews claims for benefits when a person is not satisfied with a decision that the agency has made. It is essential to appeal a decision as swiftly as you can. An experienced lawyer in appeals for veterans disability will help you ensure that your appeal is in line with all requirements and ensure that it receives a fair hearing.

A qualified lawyer can review the evidence used to back your claim and provide new and additional evidence in the event of need. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstances. This can be a valuable asset in your appeals.

One of the main reasons that a veteran's claim for disability is denied is because the agency has not correctly described their condition. An experienced attorney can make sure that your condition is properly categorized and rated, allowing you to get the benefits you require. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your medical condition. For example an expert in medicine may be able to show that the pain you experience is due to your service-related injury and that it is causing you to be disabled. They may also be able assist you in getting the medical evidence you need to support your claim.