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

Veterans with disabilities are frequently targeted by lawyers who make use of their benefits to make a profit. This is the reason you need an attorney who is licensed 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 collision has won an important victory. However, it comes with a hefty price tag.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a higher rate than white veterans, as per a lawsuit filed Monday. Conley Monk is 74 years old and a Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that VA denied his disability claim at a much higher rate than white veterans in the last three decades.

Monk, who is a retired psychiatric nurse, says that discrimination from the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. He wants the agency to repay him for the benefits he was deprived of, and to modify 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 by way of Freedom of Information Act requests, which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. Additionally, the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed Monday. The lawsuit is led by an ex- 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 VA officials have historically denied claims from Black veterans.

Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, as well as assisted in the movement of troops and equipment into combat zones. He ended up in two fights with fellow Marines who he blamed for his PTSD and was issued a discharge from the military that was not honorable in 1971. The "bad paper" did not allow him to get mortgages, tuition assistance and other benefits.

He filed a lawsuit against the military to stop the discharge, and received a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered severe emotional harm from reliving some of his most traumatizing memories in each application and re-application for lawsuit benefits the suit says.

The lawsuit seeks financial damages and lawsuit asks the court's order for the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against survivors of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform and those who accompany them require truthful answers regarding the benefits for veterans and their effect on money issues in divorce. One of the most commonly held misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This is simply not true. Congress has carefully designed Title 38 of the U.S. Code to shield veterans' payments against claims from 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 troops and equipment out of combat zones. He was awarded numerous medals, however his discharge was less than honorable due to the fact that there were two battles because of a post-traumatic stress disorder. It was a long and winding road for him to get the VA to accept disability compensation.

He was denied at the rate of significantly more than his white peers. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA knew about and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other 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 essential to appeal a decision as quickly as you can. A veteran disability lawyer can ensure that your appeal is in compliance with all requirements and is granted an equitable hearing.

A licensed lawyer is able to examine the evidence used to back your claim and provide new and additional evidence should it be required. The lawyer will also be aware of the challenges of dealing with the VA and could increase the level of understanding for your situation. This could be a great advantage in the appeals process.

A claim for disability from a veteran is usually denied due to the agency could not accurately describe their condition. A lawyer with experience can make sure that your condition is properly classified and rated, allowing you to get the benefits you require. A reputable lawyer will also be able to consult with medical experts to provide additional evidence of your medical condition. A medical expert is one example. They may be able to prove that your pain is due to your service-related injury and that it is disabled. They may be able to assist you in getting the medical evidence you need to prove your claim.