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 require a attorney who is accredited to manage VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. But it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday in the United States, the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate which is much higher than white veterans. Conley Monk, a 74-year-old 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 much higher rate than those of 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 retired psychiatrist, has claimed that discrimination at the hands of VA has led him, and other black veterans, to suffer in a way that has affected their health, their home lives, employment, and education. Monk wants the VA to reimburse him for benefits he has been deprived of and to alter its policies on race discharge status, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information last year through Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress, and the Black Veterans Project. This data showed that Black veterans were statistically less likely to receive an appeal for disability than white veterans disability lawyers between 2001 and 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination due to PTSD

According to a lawsuit filed Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The lawsuit is brought by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit points to evidence suggesting that VA officials have repeatedly denied claims filed by Black Veterans disproportionately.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and was a part of the team that moved equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines which he blamed on his PTSD and was issued a less-than-honorable military discharge in 1971. This "bad paper" kept him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. He also suffered significant emotional harm from reliving the most traumatic memories each time he applied and re-application for benefits the suit says.

The lawsuit seeks damages in the form of money and asks the court to order the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups like the ACLU and Service Women's Action Network, to pressure the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them need truthful answers regarding the disability benefits of veterans and its impact on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation seized to pay child support or alimony orders in state courts. It's not true. Congress carefully designed Title 38 of the U.S. Code to shield veterans' payment from claims made by creditors and family members in the case of alimony and child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded several medals, but later he received a discharge that was not honorable as he had two fights caused by undiagnosed post-traumatic stress disorder. The fight to get the VA to approve his claim for disability compensation was a long, winding journey.

He was denied benefits at a much more frequent rate than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA knew about and Veterans disability lawsuits failed to confront decades of discrimination affecting Black veterans. It seeks to redress Monk and other veterans who are like him.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if the applicant is not satisfied with an assessment made by the agency. If you're considering appealing a decision, it is crucial to file an appeal as soon as you can. An experienced lawyer in veteran disability appeals can assist you in ensuring that your appeal is in line with all the requirements and that it receives a fair hearing.

A licensed lawyer will be able to review the evidence that was used to prove your claim and then submit additional evidence and documentation when needed. A lawyer who understands the VA's issues can be more understanding of your circumstances. This can be a valuable benefit to your appeals.

One of the primary reasons that a veteran's claim for Veterans Disability Lawsuits disability can be denied is because the agency has not properly defined their condition. A qualified lawyer can ensure that your condition is properly classified and rated correctly, thus granting you to receive the benefits that you deserve. An experienced attorney will be able to collaborate with medical experts to provide additional proof of your condition. For instance an expert in medical practice might be able prove that the pain you suffer is a result of your service-connected injury and is causing impairment. They may be able to assist you in getting the medical records you require to prove your claim.