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 need an attorney with the right qualifications to manage 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. However, it comes with cost.

Class Action Settlement

According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims at a rate that is much higher than white veterans disability lawsuit. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed 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 the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, an a retired psychiatric nurse claims that the discrimination of the VA has caused him and other black veterans to be affected in ways that have affected their health, homes, employment and education. He is requesting that the VA reimburse him for benefits it has denied him, and to modify their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim information in the past year as part of a Freedom of Information Act request that they submitted on behalf of National veterans disability attorney Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.

Discrimination in PTSD

According to a lawsuit filed on Monday, the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps veteran who was denied housing, education, and other benefits for decades, despite being diagnosed with post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically disproportionately rejected claims filed by Black veterans.

Conley Monk was a volunteer in the Marines during the Vietnam War, driving a shot-scarred transport vehicle and helping move equipment and troops to combat zones. He was eventually involved in two fights which he blamed on his PTSD. In 1971, he received a discharge that was not honorable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He sued the military to reverse the discharge and was awarded a full range of benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. He also suffered severe emotional harm as he relived some of his most traumatizing memories each time he applied and re-application, the suit states.

The lawsuit seeks monetary damages and also to require the VA to examine its the systemic PTSD bias. It is the latest move by groups like the ACLU and Service Women's Action Network to get the VA to address long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who have served our nation in uniform, or who accompany them deserve truthful information about the disability benefits of veterans and its impact on money issues in divorce. One of the most common myths is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. It's not true. Congress carefully crafted Title 38 of the U.S. Code to safeguard the payment of veterans from claims brought by family members and creditors in the case of child support and alimony.

Conley Monk volunteered to serve his country. He spent two years in Vietnam driving bullet-riddled transport vehicles, moving equipment and troops out of combat zones. He was awarded numerous medals, but his discharge was less than honorable because the two battles he endured were due to an undiagnosed post-traumatic disorder. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied access at the rate of significantly more than his white peers. This discrimination against blacks was widespread 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. 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 other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant 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 veteran disability appeals can help ensure that your appeal is in line with all the requirements and that it is heard in a fair manner.

A licensed lawyer can examine the evidence used to support your claim and submit additional evidence, when needed. A lawyer will also know the challenges of dealing with the VA and can increase the level of empathy for your situation. This can be an important asset in your appeals.

A claim for disability from a veteran is usually denied due to the agency didn't accurately describe their condition. A skilled lawyer can make sure that your condition is properly classified and rated correctly, thus granting you to receive the benefits you deserve. A qualified lawyer will also be able to collaborate with medical specialists to provide additional proof of your condition. A medical expert for instance, might be able prove that your pain is due to your service-related injury and is disabled. They may also be able assist you in obtaining the medical records needed to prove your claim.